Defamation

Defamation
Meaning of defamation:
defamation is the act of making false statements about another person which
damage his reputation.
Relevant provision:
Section 499 and 500 of Pakistan Penal code, 1860.
Definition of defamation under section 499 of P.P.C:
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 to defame that person.
Essential ingredients of defamation:
This section requires three essentials:
1. Making or publishing any imputation concerning any person.
2. Such imputation must have been made by-
(a) Words, either spoken or intended to be read; or
(b) Signs; or
(c) Visible representation
3. Such imputation must have been made with the intention of harming or
with knowledge or reason to believe that it will harm the reputation of the
person concerning whom it is made.
Illustrations:
(a) 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.
(b) 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 defamation, unless it falls within one of
the exceptions.
(c) A draws a picture of Z running away with B’s watch intending it to be
believed that Z stole B’s watch. This defamation, unless it falls within one of
the exceptions.
Exceptions:
1- Imputation of truth:
It is not defamation to impute anything which is true concerning any
person, if it be for public good that the imputation should be made or
published. Whether or not it is for public good is a question of fact.
2- 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.
3- Opinion about conduct of any person:
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.
4- Publication of reports of proceeding 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 proceeding.
5- Opinion about the merits of any case:
It 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 reporting the character of such person, as far as
his character appears in that conduct, and no further.
6- 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.
For example:
(a) A person who publishes a book, submits that book to the judgment of
the public.
(b) A person who makes a speech in public, submits that speech to the
judgment of the public.
7- 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.
For example: a judge censuring in good faith the conduct of a witness, or of
an officer of the court.
8- Accusation in good faith:
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 complains of the conduct of Z, a servant to Z’s master.
9- Imputation in good faith:
It is not defamation to make an imputation on the character of another,
provided that the imputation be made in good faith for the protection of
the interest of the person making it, or of any other person, or for the
public good.
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 good of the person
to whom it is conveyed, or of some person in whom that person is
interested, or for public good.
Punishment of defamation:
Whoever defames another shall be punished with rigorous imprisonment for a
term which may extend to two years, or with fine, or with both.
Conclusion: The constitution of Pakistan has given the citizens certain rights and they should
use them in limit so that they should not hamper the rights of others. There is a limit to the
right of freedom of speech and expression which is regulated by the provisions of defamation.

Defamation

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