What is Defamation?

December 31, 2022
All India Judiciary

Defamation is an injury to reputation of person. It is recognised as an inherent personal right of every person against the world at large. Therefore it is a right in rem of a person. A man’s reputation is considered to be his most valuable property. It is quite often said that a property lost can be recovered but a reputation once lost can never be recovered.

According to Winfield, defamation is publication of statement which tends to lower the reputation of a person in the eyes of right thinking people of society.

According to Salmond, defamation is publication of false and defamatory statement, concerning another person without any lawful justification.

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Under defamation, the false and defamatory statement affects the reputation of a person and not the character of a person, the character of a person is what a person actually is.

On the other hand, reputation is what like minded people of society think about a person.

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