|
Law
relating to Defamation
Part 2
|
Click
here if you would like to Contribute or send a feedback.
Click
here to read I
part of this article.
Click
here to go to the main page of this section.
Continued
part....
Merits
of public performance:
It is not defamation to express in good faith any opinion
respecting the merits of any performance which its author
has submitted to the judgment of the public, or respecting
the character of the author so far as his character appears
in such performance, and no further. A performance may be
submitted to the judgment of the public expressly or by
acts on the part of the author, which imply such submission
to the judgment of the public.
Illustrations:
1. A person, who publishes a book, submits that book
to the judgment of the public.
2. An actor or singer, who appears on a public stage,
submits his acting or singing to the judgment of the public.
3. A person, who makes a speech in public, submits
that speech to the judgment of the public.
4. A says of a book published by Z- "Z's book is
foolish. Z must be a weak man. Z's book is indecent. Z must
be a man of impure mind". A is within the exception, if
he says this in good faith, in as much as the opinion which
he expresses of Z's character only so far as it appears
in Z's book, and no further.
5. But if A says-"I am not surprised that Z's book
is foolish and indecent, for he is a weak man and a libertine."
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 book".
Censure
passed in good faith by person having lawful authority over
another:
It is not defamation in a person having over another any
authority, either conferred by law or arising out of a lawful
contract made with that other, to pass in good faith any
censure on the conduct of that other in matters to which
such lawful authority relates.
A Judge, censuring in good faith the conduct of a witness,
or of an officer of the Court; a head of a department censuring
in good faith those who are under his orders; a parent censuring
in good faith a child in the presence of other children;
a school-master, whose authority is derived from a parent,
censuring in good faith a pupil in the presence of other
pupils; a master censuring a servant in good faith for remissness
in service; a banker censuring in good faith the cashier
of his bank for the conduct of such cashier as such cashier-
are within this exception.
Accusation
preferred in good faith to authorized person:
It is not defamation to prefer in good faith an accusation
against any person to any of those who have lawful authority
over that person with respect to the subject matter of accusation.
For
example,
if A in good faith accuses Z before a Magistrate; if A in
good faith complains of the conduct of Z's father- A is
within this exception.
Imputation
made in good faith by a person for protection of his or
other's interests:
It is not defamation to make an imputation on the character
of another provided that the imputation is made in good
faith for the protection of the interests of the person
making it, or of any other person, or for the public good.
For example, A, a shopkeeper,
says to B, who manages his business- "Sell nothing to Z
unless he pays you ready money, for I have no opinion of
his honesty." A is within the exception, if he has made
this imputation on Z in good faith for the protection of
his own interests.
Caution
intended for good of person to whom conveyed or for the
public good:
It is not defamation to convey a caution, in good faith,
to one person against another, provided that such caution
is intended for the good of the person to whom it is conveyed,
or of some person in whom that person is interested, or
for the public good.
Punishment
for defamation:
Whoever defames another shall be punished with simple imprisonment
for a term, which may extend to two years, or with fine
or with both.
to
be continued....
Click
here to read I
part of this article.
Click
here to go to the main page of this section.
Click here if you would like to Contribute or send a
feedback.
|
