Defamation

(1) Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes in any manner, 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, to defame that person.

Explanations

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 reputation, 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

• 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.
• 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.
• 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

• Exception 1: 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.
• Exception 2: 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.
• Exception 3: 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.
• Exception 4: It is not defamation to publish substantially true reports of the proceedings of a Court, or of the result of any such proceedings.
• Exception 5: It is not defamation to express in good faith any opinion respecting the merits of any case, civil or criminal, decided by a Court, or respecting the conduct of any person as a party, witness, or agent in such case.
• Exception 6: It is not defamation to express in good faith any opinion respecting the merits of any performance submitted to the judgment of the public.
• Exception 7: It is not defamation for a person having lawful authority to pass good faith censure on the conduct of another within the scope of their authority.
• Exception 8: It is not defamation to prefer in good faith an accusation to lawful authorities concerning the subject matter of the accusation.
• Exception 9: It is not defamation to make a good faith imputation for the protection of interests or for the public good.
• Exception 10: It is not defamation to convey a good faith caution intended for the public good or the interest of the recipient.

Punishment

(2) Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both or with community service.

(3) Whoever prints or engraves defamatory matter shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

(4) Whoever sells or offers for sale any printed or engraved substance containing defamatory matter shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Offenses