libel

Libel is the publication of a defamatory statement in permanent form; slander is defamation in transient form, such as spoken words or gestures. In English law libel is actionable without proof of damage, while slander generally requires proof of special damage, subject to exceptions. Broadcasts and online posts are generally treated as libel.

Indian criminal law draws no such distinction: defamation by words spoken or intended to be read, by signs or by visible representations is the same offence. In Indian tort law, courts have largely followed the English distinction, though several High Courts have held slander actionable per se. The Supreme Court has upheld the constitutional validity of criminal defamation.

Example

The defamatory Facebook post was libel, so the plaintiff did not have to prove any actual loss.

In Indian law

• Section 356, Bharatiya Nyaya Sanhita, 2023 (old ss.499 and 500 IPC)
• Subramanian Swamy v. Union of India, 2016 INSC 427: criminal defamation upheld

See also

slander · defamation · justification · innuendo

Read more in the study notes

• Extortion, robbery and dacoity (Bharatiya Nyaya Sanhita)
• Other statements by persons who cannot be called, former evidence, and statements in special circumstances (sections 26(b) to (h), 27 to 33) (Bharatiya Sakshya Adhiniyam)
• Relevance of judgments of courts (sections 34 to 38) (Bharatiya Sakshya Adhiniyam)
• Liability: theory, conditions, the wrongful act, damnum sine injuria and causation (Jurisprudence)
• Ubi jus ibi remedium and legal damage (Law of Torts)
• Remedies and remoteness of damage (Law of Torts)