DAMOADARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATANAM

NAME- Anamika Singh

TOPIC OF THE PROJECT- Freedom of speech, media law, defamation

SEMESTER-IX

ROLL NO. 2013021

SUBJECT- Media Law

RESEARCH METHODLOGY - The research methodology is doctrinal.

RESEARCH SUBTOPICS:-

1. FREEDOM OF EXPRESSION: UNDERLYING PRINCIPLES AND SOURCES

2. DEFAMATION
3. DEFAMATION AND PUBLIC DEBATE
4. TYPES OF DEFAMATORY MATERIAL
5. DEFAMATION CASES IN COURT

ABSTRACT

This training workshop is about defamation. This is a generic legal term that refers to the
unmerited undermining of a persons reputation. In some legal systems, the term defamation is
broken down into libel and slander. The former refers to a defamatory statement that is
published, whether in written form or through some other form such as broadcasting. Slander, by
contrast, refers to defamation that is spoken privately and not preserved in any permanent form.
Throughout this training exercise we will use the generic term, defamation, unless it is in specific
reference to statutes, judgments or jurisdictions that employ an alternative term. A further related
concept appears in some legal codes: insult (or desacato in its well-known Spanish language
form). This refers to the defaming of offices (such as the monarchy), symbols (such as flags or
insignia), or institutions (such as the state, or the legislature). It does not properly fall within the
accepted international definition of protection of reputation, but since it is regarded in many
countries as a species of defamation it will be covered here. Some modern legal systems also
contain offences derived from two Roman law concepts: iniuria and calumnia, both of which
refer to the making of false statements about a person. Some legal systems also contain the
concept of group defamation, particularly in relation to religious groups. Although we will argue
that this approach, like insult, is not a legitimate use of defamation since a group cannot have a
right to reputation in the same way as an individual it will nevertheless be addressed in this
manual. Criminal defamation describes the situation where defamation is an offence under the
criminal law of the state. In such circumstances, alleged defamation will normally be charged by
state prosecutors and tried in the criminal justice system, with the possibility of a sentence of
imprisonment being imposed upon conviction

Civil defamation describes a civil wrong or tort. In this situation, whether an individual has been
defamed is determined by a private action before the civil courts. If defamation is found,
monetary compensation may be ordered, or some other remedy, such as publication of a
correction or apology. Even systems that retain an offence of criminal defamation usually also
have the possibility of litigating defamation through a civil suit