INTRODUCTION
Defamation refers to the act of making false statements that harm the reputation of an individual or entity. It involves spreading falsehoods through spoken or written communication, such as slander (spoken defamation) or libel (written defamation). Defamation can result in serious legal consequences, as it infringes upon a person’s right to a good name and can cause significant damage to their personal or professional life.
RELEVANT PROVISIONS
Sections 499, and 500 of PP.C 1860 deal with defamation.
DEFINITION OF DEFAMATION
The term defamation is defined U/s 499 of P.P.C. It is as follows;
Whoever, by words either spoken or intended to be read or by signs or by visible representation, 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 to defame that person.
ESSENTIALS OF DEFAMATION
The essentials of defamation are as follows.
- The statement must be defamatory
- It must refer to the complainant
- It must be published
- It must be false
EXCEPTIONS TO A CHARGE OF DEFAMATION
Following are some of the exceptions for a charge of defamation.
1. IMPUTATION OF TRUTH
It is not defamation to impute anything which is true concerning any person if it is for the public welfare that the imputation should be made or published.
2. 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
- Respecting his character, so far as his character appears in that conduct no further
3. OPINION ABOUT THE CONDUCT OF ANY PERSON
It is not defamation to express in good faith any opinion whatever respecting,
- The conduct of any person relating to any public question
- About his character, so far as his character appears in that conduct, and no further
4. PUBLICATION OF REPORTS OF COURT PROCEEDINGS
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.
5. OPINION ABOUT THE MERITS OF ANY CASE
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
- Respecting the conduct of any person as a party witness or agent, in any such case
- Respecting the character of such a person, as far as his character appears in that conduct, and no further
6. OPINION ABOUT 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.
7. ANY CENSURE ON THE CONDUCT
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.
8. ACCUSATION IN GOOD FAITH
It is not defamation to prefer in good faith on an accusation with respect to the subject matter of the accusation.
9. IMPUTATION IN GOOD FAITH
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 interest of the person making it, or of any other person, or for the public welfare.
10. CONVEY A CAUTION
It is not defamation to convey a caution, in good faith, to one person against another.
Provided that such caution be intended for the welfare of the person to whom it is conveyed or of some person in whom that person is interested, or for the public welfare.
PUNISHMENT FOR DEFAMATION
The punishment for the offense of defamation is prescribed as follows;
- Simple imprisonment for a term that can be extended upto two years
- Fine
- Both
CONCLUSION
In conclusion, defamation is a legal issue that carries severe consequences under Pakistani law. It is vital to exercise caution and responsibility when making statements about others to avoid potential harm and legal repercussions. Upholding the principles of truth and integrity is crucial in maintaining a fair and just society.
FAQs
Define defamation and also discuss the statutory exceptions envisaged therein.
(2019-A)
What is defamation under PPC? Every criticism is not defamation, but there are many exceptions. Discuss.
(2014-S)
Define defamation and elaborate exception to the general rule.
(2008-A)
What is meant by defamation? Explain its exception.
(2007-S)
What is Defamation? What offenses are available to a charge of defamation?
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