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Law
relating to Defamation
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Section
499 of Indian Penal Code provides that
"Whoever by words either spoken or intended to be read,
or by signs or by visible representations, makes or publishes
any imputation concerning any person intending to harm,
or knowing or having reason to believe that such imputation
will harm, the reputation of such person, is said, except
in the cases hereinafter excepted, do defame that person".
Explanation
1:
It may amount to defamation to impute anything to a deceased
person, if the imputation would harm the reputation of that
person if living, and is intended to be hurtful to the feelings
of his family or other near relatives.
Explanation 2: It may
amount to defamation to make an imputation concerning a
company or an association or collection of persons as such.
Explanation 3: An imputation
in the form of an alternative or expressed ironically, may
amount to defamation.
Explanation 4: No imputation
is said to harm a person's reputations, unless that imputation
directly or indirectly, in the estimation of others, lowers
the moral or intellectual character of that person, or lowers
the character of that person in respect of his caste or
of his calling, or lowers the credit of that person, or
causes it to be believed that the body of that person is
in a loathsome state, or in a state generally considered
as disgraceful.
Illustrations:
1. A says: "Z is an honest man; he never stole B's
watch"; intending to cause it to be believed that Z did
steal B's watch. This is defamation unless it falls within
one of the exceptions.
2. A is asked who stole B's watch. A points to Z,
intending to cause it to be believed that Z stole B's watch.
This is defamation, unless it falls within one of the exceptions.
3. A draws a picture of Z running away with B's watch,
intending it to be believed that Z stole B's watch. This
is defamation, unless it falls within one of the exceptions.
Exceptions:
Imputation of truth public which
good requires be making or publishing:
It is not defamation to impute anything, which is true concerning
any person, if it be for the public good that the imputation
should be made or published. Whether or not it is for the
public good is a question of fact.
Public
conduct of public servants:
It is not defamation to express in good faith any opinion
whatever respecting the conduct of a public servant in the
discharge of his public functions, or respecting his character,
so far as his character appears in that conduct, and no
further.
Conduct
of any person touching any public question:
It is not defamation to express in good faith any opinion
whatever respecting the conduct of any person touching any
public question, and respecting his character, so far as
his character appears in that conduct, and no further.
Publication
of reports of proceedings of Courts:
It is not defamation to publish a substantially true report
of the proceedings of a Court of Justice, or of the result
of any such proceedings. A Justice of the Peace or other
officer holding an enquiry in open Court preliminary to
a trial in a Court of Justice is a Court within the meaning
of the above section.
Merits
of case decided in Court or conduct of witnesses and others
concerned:
It is not defamation to express in good faith any opinion
whatever respecting the merits of any case, civil or criminal,
which has been decided by a Court of Justice, or respecting
the conduct of any person as a party, witness or agent,
in any such case, or respecting the character of such person,
as far as his character appears in that, and no further.
1.
A says, "I think Z's evidence on that trial is so contradictory
that he must be stupid or dishonest." A is within this exception
if he says this in good faith, in as much as the opinion
which he expresses respects Z's character as it appears
in Z's conduct as a witness, and no further.
2. But if A says, "I do not believe what Z asserted
at that trial because I know him to be man without veracity;"
A is not within this exception, inasmuch as the opinion
which he expresses of Z's character, is an opinion not founded
on Z's conduct as a witness.
to
be continued...
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