DEFAMATION AS A CRIMINAL OFFENCE: AN ANALYSIS

Abstract

In a democratic set up, free speech and expression is considered to a fundamental right which is not absolute but subject to reasonable restrictions; defamation being one of them.  The law of defamation is based upon the fundamental principle that the reputation of a member of society, the esteem in which he is held by it, the credit and trust it reposes in his intelligence, honour and integrity, is his valuable asset, and that the love of reputation being a great moving principle of human action, must be encouraged and protected. The traces of offence will consequently be found in the earliest records of human history. As per Black’s Law Dictionary, defamation means the offence of injuring a person's character, fame, or reputation by false and malicious statements. According to Chambers Twentieth Century Dictionary, defamation means to take away or destroy the good fame or reputation; to speak evil of; to charge falsely or to asperse. The classical definition of the term, however, has been given by Mr. Justice Cave in the case of Scott v. Sampson,as a “false statement about a man to his discredit”. This definition has been approved of in a series of decisions including that of Sim v. Stretch. 

A statement which disparages a man in his reputation in relation to his office, profession, calling trade or business may be defamatory, e.g. the imputation of some quality which would be detrimental to the absence of some quality which is essential to the successful carrying on of his office, trade or profession, such as want of ability, incompetence and, of course, dishonest or fraudulent conduct. Injurious statement which do not reflect on a person’s reputation (e.g., that he has ceased to trade) are not defamatory but may be actionable if made maliciously.