Question

LEGAL PRINCIPLE: Defamation means publication of a false and derogatory statement about another person without lawful justification.

FACTS: A writes a defamatory letter to B containing defamatory remarks in reference of B in Urdu. B goes to C who knows Urdu and the letter is read over by C to him. B sues A for defamation.

DECIDE.

• A. A is liable.
• B. A is not liable because he addresses the letter to B and not to C.
• C. A is not liable because there is no publication or defamatory statement.
• D. A is not liable because he is unaware that the letter can be read over by someone else to B.

Answer 1

The correct option is A A is liable.

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, there was publication of the letter, libel has been committed.