UPSC Mains Law Paper Topic : Defamation
- A, a journalist, writes an article against B, a public servant, alleging that B has misappropriated a sum of Rs. 2 lacs from the public fund under his control. In an action in tort for defamation by B against him A takes the defence of fair comment. Discuss with reasons. (94/II/3b/30)
- The defendant newspaper company publishes the photographs of Mr. A and (Main) Law—Topic Wise Paper 66 Mr. B along with the caption that they were getting married on that day. They published this only Mr. A himself had confirmed to their correspondent that the news was true. The fact, however, was that Mr. A was already married but his wife was residing in another city because their relations were strained. The wife Mrs. A files a defamation suit against the defendant. Decide. (97/II/3b/30)
- How do you distinguish the following? What reasons can be attributed for the difference? (98/lI/3a/30) (i) A solicitor, acting on behalf of his client, dictated a letter to the plaintiff stating therein that she (plaintiff) bears immoral character. The letter then was posted to the plaintiff. (ii) X told Z that Y is suffering from AIDS though the statement is not true.
- Distinguish between Libel and slander (99/II/3b(i)/15)
- Distinguish the wrong committed in the following two incidents and also give decisions : (02/II/3b/30) (i) X circulated a handbill to his neighbours alleging that Y became the Chairman of the Village Panchayat by paying money to the members of the Panchayat. (ii) X goes on informing his community members in many families that Ms Y is not chaste as many people have been her in the company of different people at various places.
- “Absence of knowledge that a matter is defamatory or absence of intention to injure the plaintiff is, by itself, no excuse for the defendant in tort.” Discuss. (03/II/3a/30)
- What is meant by ‘innuendo’? What are the facts, the Plaintiff must prove or establish in order to sustain a plea of innuendo? (05/II/1c/20)
- Explain the ingredients of “Innuendo”. What is a plaintiff required to prove in order to sustain the plea of Innuendo? (09/II/1d/20)
- ‘A statement made in performance of duty is privileged’. In the light of this statement critically examine the tort of defamation. X the famous writer and art critic while criticising the paintings of Y the famous painter, wrote in the newspaper as follows : ‘Mr. Y’s paintings are pots of paint hurled in the eyes of the public’. He afterwards wrote to Y saying that whatever he had written had been said by him in the course of his duty and hoped that he would not allow this to interfere with their friendship. Y replied and said ‘Next time I meet you, I shall punch your nose damm hard. I hope you will not allow this to interfere with out friendship’. What torts, if any, have they committed and what defences are available to them? (09/II/3a/30)
- The editor of a weekly published a series of articles directed against the business of the plaintiff alleging how the wealth of the vast empire was built up by having recourse to the unlawful and questionable means involving tax- evasion, import-export rackets, foreign exchange violations and how the investigations into the operations of the organisation were bogged down. In an action for defamation, the defendant put up the defence of fair comment on a matter of public interest. The plaintiff brought evidence to show that the defendant had to tender an apology to the plaintiff in an earlier defamation case and that the present publication was motivated by malice. Discuss the 67 (Main) Law—Topic Wise Paper defence of fair comment in the light of the facts of the case.
- X sends an e-mail to Y containing defamatory matters against him. The e- mail is received by Y who deletes it after reading. Is X liable for publication? Refer to relevant case law.(13/II/3b/15)
