There are following exceptions for Defamation under Sec. 499 IPC
1. Imputation of truth which public good requires be making or publishing.
2. Public conduct of public servant.
3. Conduct of any person touching any public question.
4. Publication of reports of proceedings of courts.
5. Merits of the case decided in court or conduct of witnesses and others concerned.
6. Merits of Public performance.
7. Censure passed in good faith by person having lawful authority over another.
8. Accusation preferred in good faith to authorized person.
9. Imputation made in good faith by person for protection of his or other’s interests.
Both Libel and Slander are types of Defamation. Slander is oral defamatory statement whereas Libel is written defamatory statement. Burden of proof in both the cases is on the Respondent.
1. In Civil defamation, a mala fide intention to defame is not always necessary while a Criminal defamation must contain some deliberate malice or malafide intention, to cause damage to reputation of someone.
2. In civil defamation, Court fees are required to be paid as per value of damages caused to reputation whereas court fees are required at the level of a civil case in a criminal defamation case.
3. At the end of case, court punishes offender if defamation is proved in criminal case and awards damages to compensate loss to reputation if defamation is proved in civil defamation case.
There are four essentials for the tort of Defamation.
a. There must be a defamatory statement.
b. The defamatory statement must be understood by right thinking or reasonable minded persons as referring to the plaintiff.
c. There must be publication of the defamatory statement, that is to say, it must be communicated to some person other than the plaintiff himself.
d. In case of slander either there must be proof of special damages or the slander must come within the serious classes of cases in which it is actionable per se.