INTRODUCTION

A mans reputation in his property and is more valuable than any of his tangible asset. Every
man has the right to have his reputation preserved inviolate. This right of reputation is
acknowledged as an inherent personal right of every person as part of the personal security1.
It is a jus in rem2, a right good against entire world. A mans reputation is his property more
valuable than other property3. Indeed if we reflect on the degree of suffering occasioned by
loss of character, and compare it with that occasioned loss of property; the injury of the
former far exceeds than latter4.
The term defamation has been defined by many jurists and in many laws. Some of the
definitions are: defamation is the publication of statement which reflects on a persons
reputation an tends to lower him in the estimation of right-thinking members of the society
generally or tend to make them shun or avoid them5. Defamation is the injury to the
reputation of the person.if the person injuries the reputation of the other person,he does so at
his own risk as in the case of the interference with the property6.
As per the defamation contained int he section 499 of IPC, Whoever, by words either spoken
or intended to be read, or by signs or by visible representations, makes or publishes any
imputation concerning any person intending to harm, or knowing or having reason to believe
that such imputation will harm, the reputation of such person, is said, except in the cases
hereinafter expected, to defame that person.
According to Blacks law dictionary, defamation is the act of tendering the reputation of
another by making false statement to the third person7.

1 Blackstone commentaries of the laws of England,vol 1,(iv edition) p. 101

2 Jus in rem-right to a thing
3 Dixon v. Holden,(1869)LR7Eq488
4 De crespigny v.wesllelley(1829)5bing392
5 Ayesha, the tort of defamation,http//jurisonline.in/2010/10/the tort of
defamation an analysis of the law of india and the united kingdom/accessed on
09/09/2014
6 Bangia.R.K.Kumar, Dr Narendra law of tort,20 th edition, Allahabad law
agency,2010,p.283
7 Garner, bryan A. Black Law Dictionary,9th edition, west publiciation,p.479

According to Winfield, Defamation is the publication of statement which tends to lower a

person in the estimation of right thinking members of society generally or which tends to
make them shun or avoid that person8.
But the law of defamation like many other branches of the law of torts provides for
balancing of interests. The competing interest which has to be balanced against the interest
of a person which a person has in his reputation is the interest which which every person
has in his freedom of his speech. The law of defamation provides defences to wrong such
as truth and privileges protecting the right of freedom of speech but at the same time
making the boundaries within which it may be limited.the existing law relating to
defamation places reasonable restriction on the fundamental right of freedom of speech
and expression conferred by the Article19(1)(a) of the Indian Constitution and is saved by
clause (2)of Article 199.

8 P.H.Winfield,A textbook on law of torts,5th edition 1950,p.242

9 SERVAI,Constituion Law of India,3rd edition, vol 1,p.495,S.N.M.Abdi v. Prafulla K.
Mahanata,AIR2002Gau75,p.76