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121. It seems to me plain beyond argument that reputation is
of importance to corporations. Proof of actual damage caused
by the publication of defamatory material would, in most cases,
need to await the next month‟s financial figures, but the figures
would likely to be inconclusive. Causation problems would
usually be insuperable. Who is to say why receipts are down or
why advertising has become more difficult or less effective?
Everyone knows that fluctuations happen. Who is to say, if the
figures are not down, whether they would have been higher if
the libel had not been published? How can a company about
which some libel, damaging to its reputation, has been
published ever obtain an interlocutory injunction if proof of
actual damage is to become the gist of the action?