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Defamation (Libel & Slander) & Malicious Prosecution

Protecting spousal and individual reputation is a key objective of defamation law, balanced against the freedom of speech.

1. Defamation: Concept and Elements

Defamation is the publication of a statement that tends to lower a person's reputation in the eyes of right-thinking members of society.

  1. The statement must be defamatory.
  2. It must refer to the plaintiff.
  3. It must be published (communicated to a third party).

2. Libel vs. Slander

  • Libel: Defamation in a permanent, written, or visual form. Actionable *per se*.
  • Slander: Defamation in a temporary, spoken form. Actionable *per se* under Indian civil law without needing to prove actual financial damage.

3. Major Defenses

  1. Justification (Truth): A complete defense.
  2. Fair Comment: Honest opinions expressed on matters of public interest.
  3. Privilege: Absolute Privilege (parliamentary/judicial proceedings hold complete immunity) vs. Qualified Privilege (made in good faith under a duty).