Defamation

As per Section 499 of the Penal Code of Bangladesh¸ 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.

Types of defamation: There are mainly 2 types of defamation

Libel

A malicious defamation expressed either in writing or printing that tends to either blacken the memory of one who is
dead or the representation of one who is alive and expose him to public hatred, contempt or ridicule. The elements
of a libel are:1.Publication 2. of a false statement 3. expressed in writing, printing or in some other permanent form
4. tending to harm the reputation of another.

Slander

A verbal statement, false and defamatory and tending to affect one’s good name and reputation. The elements of a
slander are:1. That the statement complained of is false,2. defamatory,3. and that some special damage to the
plaintiff has resulted from it.

There are three main essentials of Defamation:

1.The statement must be published: Defamation is the publication of a statement which tends to lower a person in
the estimation of right thinking members of society generally or which tends to make them shun or avoid that
person.

2.The statement must refer to the plaintiff: If the person to whom the statement was published could reasonably
infer that the statement referred to the plaintiff, the defendant is nevertheless liable.

3.Defamation must be published: Publication means making the defamatory matter known to some person other
than the person defamed and unless that is done, no civil action for defamation lies.

Defamation as criminal offence: Unlike various countries, defamation in Bangladesh is considered to be a criminal
offence and not a civil wrong. Moreover, in the criminal law of defamation, there is no distinction between spoken
and written words, provided that the requirements under Section 499 of the Penal Code of Bangladesh above are
satisfied. However, since it is a criminal offence, the prosecution must prove beyond reasonable that the defendant
has committed defamation.

Defenses for defamation: There are 10 defenses to the offence of defamation:

1. It is not defamation to make statements about anything which is true concerning any person, if such statement is
made for the public good.

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.

3. It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching
any public question.
4. 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. 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.

6. 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.

7. It is not defamation in a person having authority over another, to pass in good faith any censure on the conduct of
that other in matters to which such authority relates.

8. 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.

9. It is not defamation to make a comment on the character of another, provided that such comment is made in good
faith for protecting the interest of the person making it, or of any other person, or for the public good.

10. It is not defamation to convey a caution, in good faith, to one person against another.

Punishment for defamation: Whoever commits defamation shall be punished with simple imprisonment for a term
which may extend up to 2 years and fine.

Libel Slander

1) In England, libel is a civil wrong as well as Slander is merely a tort and not a crime, in India it is
crime. also a crime.

2) Libel is actionable per se i.e. without proof Slander is actionable only when special damage can be
of actual damage. prove to have been its natural consequence or when it
conveys certain imputations.

3) Libel is a defamatory statement published Slander is a defamatory statement published in a

in a permanent form. temporary or transitory form.

4) In England, the period of limitation is six The period of limitation for Slander two years and in
years for libel. In India one year India one year.

5) The actual publisher of a libel may be an The actual publisher of a slander is not likely to be an
innocent person e.g. the news vendor who innocent person.
sells a newspaper containing libel.

6) Libel is often published deliberately since it It is likely that a slander may not be a deliberate
is usually a written statement publication and may have been uttered in the heat of
argument or under

7) Punishment- Generally civil, monetary. Punishment- Generally civil, monetary.

Seditious libel – crime to criticize public
officials