Ashutosh Dubey vs Netflix, Inc & Ors. on 5 May, 2020
mud."
16. It was held that action could not be maintained. The observation of Willes, J.,
quoted below, on this aspect of the law is interesting and at the same time
illuminating.-"Willes, J.-- The action cannot be maintained. Assuming the article to be libellous, it
is not a libel on the plaintiff, it only reflects on a class of persons dealing in such
objects, and it is immaterial in this view whether they are genuine or not. If a man
wrote that all lawyers were thieves, no particular lawyer could sue him unless there is
something to point to the particular individual, which [305] there is not here. There
is nothing to show that the article was inserted with any special reference to the
plaintiff."
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18. The class of Advocates in general is a much more amorphous and indeterminate
body than the conference alluded to in the Supreme Court case referred to above.
The law in respect of defamation of a class of persons as enunciated by Salmond is as
follows:-"In every case where the plaintiff is not named the test whether the words used refer
to him is the question whether the words are such as would reasonably lead persons
acquainted with the plaintiff to believe that he was the person referred to. If the
words can be regarded as capable of referring to the plaintiff, the jury still have to
decide the question of fact--Do they lead reasonable people, who know him, to the
conclusion that they do refer to him? (Knupffer v. London Express Newspaper[1944]
A.C. 116, 121) "The reason why a libel published of a large or indeterminate number
of persons described by some general name generally fails to be actionable is the
difficulty of establishing that the plaintiff was, in fact, included in the defamatory
statements, for the habit of making unfounded generalisation is ingrained in ill
educated or vulgar minds, or the words are occasionally intended to be facetious
exaggeration" (Ibid. at 112, per Lord Atkin). Thus no action would lie at the suit of
anyone for saying that all mankind is vicious and depraved, or even for alleging that
all clergymen are hypocrites or all lawyers dishonest. [Eastwood v. Holmes(1858) 1 F.
& F. 347]. For charges so general in their nature are merely vulgar generalisation".
Vide [Salmond on the Law of Torts, Fifteenth Edition, 187]."
19. In Halsbury's Laws of England (3rd Ed.: Edited by Viscount Simonds) Vol. 24,
page 5, paragraph 6 it has been observed that "A class of persons cannot be defamed
as a class, nor can an individual be defamed by general reference to the class to which
he belongs. A similar view has been taken by Gatley in "Libel and Slander" where it
has been observed that "where the words complained of reflect on a body or class of
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