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2. The statements which are innocent in their primary sense but may
communicate defamatory meaning, if it is likely to be understood and in
fact, understood in the light of certain existing facts known to the person
to whom the statement has been made i.e. Innuendo.
1. A statement is defamatory, if in its natural and ordinary sense it tends:
Bridegroom and his father refused to take the bride after marriage with
them before a number of guests. The act was considered to be
defamatory and both were held liable.
The defendants, H and Sons, having had a dispute with one of the
branch managers of the plaintiff bank, send a circular notice to their own
customers-“H and Sons hereby give notice that they will not receive in
payment cheques drawn on any of the branches of C and C Bank.” The
circular was followed by a run on the bank and it suffered loss. In an
action brought by the bank alleging that notice was libellous, inasmuch
as it amounted to an imputation of insolvency, held that the natural
meaning was not libellous, and the inference suggested by the innuendo
to the effect that the plaintiffs were insolvent was not the inference which
reasonable persons would draw. Hence, the circular was not libellous.
Cassidy v. Daily Mirror Newspaper Ltd. (1929) 2 KB 231
The House of Lords reversed the Court of Appeal and held that it is not
essential that the plaintiff should be named or there should be some key
or pointer referring to him and that the jury could reasonably hold that
readers of the articles would ignore the discrepancies of place and time
and think of the plaintiff while reading the article.
Newstead v. London Express, (1940) 1 KB 377
A solicitor, acting on behalf of his client, wrote and sent to the plaintiff a
letter containing defamatory statements regarding her. The letter was
dictated to a clerk in the office, and was copied into the letter-book by
another clerk. In an action against the solicitor for libel it was held that
the publication to his clerks was necessary and usual in the discharge of
his duty to his client, and was made in the interest of the client.
Mahendar Ram v. Harnandan Prasad, AIR 1958 Pat 445
a. Justification by Truth
c. Privilege
d. Apology
The truth of defamatory words is a complete defence to an action of libel
or slander though it is not so in a criminal trial.
The defendant wrote: “A said that B had been convicted of theft”. It will
be no defence for the defendant to prove that A did tell him so, that he
honestly believed that A said and he only repeated it. He must prove as
a fact that B was convicted of theft.
Cookson v. Horwood, (1932) 2 KB 485
If you repeat rumour you cannot say it is true by proving that the rumour in
fact existed you have to prove that the subject matter of the rumour is true.
The defendant published at their station a notice stating that the plaintiff
had been convicted of travelling in a train without ticket and sentenced to a
fine of £1 with an alternative of three weeks imprisonment. In fact, the
alternative was two week’s imprisonment.
The Court held that the matter should be left to the jury to decide whether
the inaccuracy of the statement made is substantially true or untrue. The
defendants were held not liable, as the statement has been substantially
true.
Fair comment means comments honestly believed to be true and not
inspired by any malicious motive.
A says “I am not surprised that Z’s book is foolish and, indecent, for he
is a weak man and libertine”. This is not a comment but a statement of
fact and A cannot plead the defence of air comment but must prove his
words true.
2. That the comment is fair
A fair and bona fide comment on matters of public interest is not liable.
A writer in newspaper may comment on the conduct of a public man but
if he imputes dishonestly, he must be prepared to justify it.
4. That the comment has not been published maliciously
The comment must also be bona fide and must not be made a cloak for
malice.
Privilege means that a person stands in such relation to the facts of the
case that he is justified in saying or writing what would be slanderous or
libellous in any one else.
i. Parliamentary Proceedings;
The privilege under these Articles does not extend to the publication in a
private newspaper of a speech made by a member within the four walls
of the House, which contains defamatory matter and which is published
at the instigation of such member.
C.K. Daphtary v. O.P. Gupta, AIR 1971 SC 1132
No privilege under these articles i.e. 105 and 194, can be obtained in
respect of a publication not under the authority of Parliament or
Legislature.
Jagat Mohannath Sha Deo v. Kalipado Ghose, (1922) ILR 1 Pat 371
The plaintiff brought an action for damages against the defendant. The
defendant presented a complaint to the police officer imputing the
plaintiff of an offence under Section 392 of the Indian Penal Code. The
plaintiff contended that by this complaint to the police he has been
brought into disrepute and infamy in the society.