Speech On Defamation

“No mere poetic fancy suggested the truth that a good name is rather to be chosen than great riches”1
1. Introduction
Every man has a right to protect his reputation. The right of protection of one’s reputation is recognized as an inherently personal right of every person as part of his right to personal security.2 It is a jus in rem, a right good against the entire world.3 A man’s reputation is his property, more valuable than other property. 4
Indeed, if we reflect on the degree of suffering caused by loss of reputation and compare it with that caused by loss of property, the amount of the former injury far exceeds that of the latter.5 Accordingly, whenever there is an injury to the reputation of a person, he may institute civil proceedings

Coupland, Parke, B defined defamation as “A publication, without justification or lawful excuse, which is calculated to injure the reputation of another, by exposing him to hatred, contempt or ridicule may be called defamation.”11 Even without exciting such strong feelings as hatred, contempt, or ridicule, a statement may amount to defamation if it tends to lower a person reputation.12
Defamation could be done either by the way of writing or by speech. The term used for the former is ‘Libel’ and ‘Slander’ is used for the latter.
“A libel is a publication of a false and defamatory statement tending to injure the reputation of another person without lawful justification or excuse. The statement must be expressed in some permanent form, e.g., writing, printing, pictures, statue, waxwork effigy, etc.”13
“A slander is a false and defamatory statement by spoken words or gestures tending to injure the reputation of another.”14

HISTORY OF