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A man’'s reputation is a property which is more valuable than any other property. Every man has the right to protect his reputation. Injury to a person’s reputation may be termed as defamation. It may be defined as a communication to some other person, other than the person defamed, of matter which tends to lower the plaintiff in the estimation of right thinking of persons or to deter them from associating or dealing with him. It is a wrong done by a person to another'’s reputation by words, written or spoken, sign or other visible representation. It is not necessary that the defamatory statement must be made in words, written or spoken. One may be guilty of defamation even though one has neither spoken nor written a word.

There is, therefore, no tort unless there has been a communication of the defamatory matter to a third party for it is the opinion held by the person defamed by others that matters; insult directed to the plaintiff himself do not in themselves constitute defamation, the tort is not primarily concerned with plaintiffs wounded feelings.

Under English law, defamation is divided under two parts, i.e., Libel and Slander. Libel is representation made in some permanent form, e.g., writing, printing, picture, effigy or statute. Slander is the statement made through some spoken words or some transitory for, whether visible or audible such as gestures, hissing or such other things.

The law of civil defamation, as in English and other common law countries, is uncodified in India; it is largely based on case law. The law of criminal defamation on the other hand is codified and included as sections 499 and 502 of Indian Penal Code. In England the publication of a criminal libel is punishable to the extent of 1 year imprisonment and fine; and if the publication is with the knowledge of its untruth/ falsity then the person is punishable up to 2 years vides section 5 of the Libel Act, 1983.

There are some essentials of defamation which are as follows:

1. The statement must be defamatory.

2. The said statement must refer to the plaintiff.

3. The statement must be published, i.e., to say, it must be communicated to some other person other than the plaintiff himself. Publication means making the defamatory matter known to some other persons than the person defamed, and unless that is done, no civil action for defamation lies.

4. In case of slander, either there must be a proof of special damage or the slander must come within the serious classes of cases in which it is actionable per se.

Section 499 of Indian Penal Code dealt with criminal defamation. As per section 499 of IPC, the offence of defamation consists of the following essential ingredients:-

1. Making or publishing an imputation concerning a particular person;

2. Such imputation should have been made

3. by words either spoken or written, or

4. by signs, or

5. by visible representation

6. The said imputation should have been made with the intent to injure or knowing or having reason to believe that it will harm the reputation of such person or defame him. [2]

Section 499 of IPC aimed at protection of the reputation, integrity, and honour of the persons. The definition of the defamation offence contains three important elements:-

(i) The person

(ii) His reputation, and

(iii) The injury to reputation of the person with necessary mensrea (guilty mind).

In defamation

A) a person is defamed only by written or spoken words

B) a person is defamed by written or spoken words directly or through media channels or even when one has neither spoken nor written a word

C) Both (a) and (b) above

D) Neither (a) nor (b) above