DEFAMATION
1. MEANINGS OF DEFAMATION:
Defamation refers to the intentional act of making false or harmful statements about a person, group, or organization, which can damage their reputation, character, or standing in the community. Such statements can be communicated through spoken or written words, images, gestures, or other forms of expression, and they can be directed toward an individual, a group of people, a company, or any other entity. Defamation can have serious consequences, including legal action, loss of employment, social ostracism, and psychological distress, among others. Therefore, it is important to be mindful of the impact of our words and actions on others and to avoid engaging in defamatory behavior.
2. RELEVANT PROVISIONS:
Sections 499, 500 of P.P.C. 1860.
Cross Reference:
Schedule II of CrPC 1898
Act IX of 2004
PAKISTAN PENAL CODE 1860
3. DEFINITION OF DEFAMATION; U/S 499 P.P.C:
"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.
4. ESSENTIALS / REQUISITE OF DEFAMATION:
- (i) The statement must be defamatory.
- (ii) It must refer to the complainant.
- (iii) It must be published.
- (iv) It must be false.
5. EXCEPTIONS / DEFENSES TO A CHARGE OF DEFAMATION; UNDER SECTION 499 OF P.P.C:
(1) IMPUTATION OF TRUTH:
It is not considered defamation if what is said about a person is true and it is in the public's best interest to share or publish this information.
(II) OPINION ABOUT CONDUCT OF PUBLIC SERVANT:
It is not defamation to express in good faith any opinion whatever respecting the conduct of a public servant;
(i) In the discharge of his public functions, or
(ii) Respecting has character, so far as his character appears in that conduct and no further.
(Ⅲ) OPINION ABOUT THE CONDUCT OF ANY PERSON:
It is not defamation to express in good faith any opinion whatever respecting,
(i) The conduct of any person relating to any public question, and
(ii) About his character, so far as his character appears in that conduct, and no further.
(IV) 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.
(V) OPINION ABOUT THE MERITS OF ANY CASE:
It is not defamation to express in good faith any opinion whatever;
(i) Respecting the merits of any case, civil or criminal, which has been decided by a court of justice, or
(ii) Respecting the conduct of any person as a party witness or agent, in any such case, or
(iii) Respecting the character of such person, as far as his character appears in that conduct, and no further.
(VI) OPINION ABOUT PERFORMANCE:
Expressing any opinion in good faith about a performance that an author has submitted to the judgment of the public, or about the character of the author as it appears in the performance, is not considered defamation. This applies only to the extent of the performance and nothing beyond that.
(VII) ANY CENSURE ON THE CONDUCT:
If someone has authority over another person based on law or a lawful contract, they can express an honest opinion concerning the conduct of that person in matters that relate to that authority without it being considered defamation.
(VIII) ACCUSATION IN GOOD FAITH:
It is not defamation to prefer in good faith an accusation with respect to the subject matter of the accusation.
(IX) IMPUTATION IN GOOD FAITH:
If you say something bad about someone, but you have a good reason for saying it, it is not considered defamation. A good reason might be if you're trying to protect someone, such as yourself, someone else, or the public.
(X) CONVEY A CAUTION:
It is not considered defamation if you warn someone in good faith about another person. This is allowed as long as your warning is meant to protect the person you are warning, or someone they care about, or the general public.
6. PUNISHMENT FOR SECTION 500 P.P.C: DEFAMATION
The prescribed punishment for the offense of defamation is simple imprisonment for a term which may extend to two years, or with a fine, or with both.