Question

LEGAL PRINCIPLE: Defamation is the publication of a statement which tends to lower reputation of a person in the estimation of other members of the society generally.

FACTUAL SITUATION: 'A' writes a highly offensive and derogatory letter about B, and sends it directly to 'B' in a sealed cover.

Decide.

• A. 'A' is liable to 'B' for defamation, as the letter is highly offensive and derogatory and is directly sent to 'B'.
• B. 'A' is liable to 'B' for defamation, as the letter is highly offensive and derogatory.
• C. 'A' is liable to 'B' for defamation, as it has hurt his (B's) self-esteem.
• D. 'A' is not liable to 'B' for defamation, since there is no publication to any other person in whose examination the reputation of 'B' could be brought down.

Answer 1

Answer: (D)

'A' is not liable to 'B' for defamation, since there is no publication to any other person in whose examination the reputation of 'B' could be brought down.

A defamation as a tort is only a wrong if the defamation is of nature which harms the reputation of a person who is alive. The term "defamation" is an all- encompassing term that covers any statement that hurts someone's reputation. If the statement is made in writing and published, the defamation is called 'libel'. If the hurtful statement is spoken, the statement is called 'slander'. In the above situation, since the essential element for the commission of libel, that is publication of the defamatory words was not involved, it will not result in defamation.