Defamation

Group 45
 What is Defamation?
- False statement presented as fact

- Malafide intention

- The statement should be communicated to third party

- The statement should cause damage to a person

 What is Defamation
- Language

- Name -
Defamation laws and punishments in Nepal and
other countries
In context of Nepal:

Muluki Criminal Code 2074

Punishment for slander (Section 305):

- A person who commits or causes to be committed this offence shall be liable to a sentence of imprisonment
for a term not exceeding one year or a fine not exceeding ten thousand rupees or both the sentences.

Punishment for libel (Section 307):

- A person who commits, or causes to be committed this offences shall be liable to a sentence of imprisonment
for a term not exceeding two years or a fine not exceeding twenty thousand rupees or both the sentences.

- If libel is committed by means of electronic or other means of mass communication, there shall be imposed an
additional sentence of imprisonment for a term not exceeding one year or a fine not exceeding ten thousand
rupees in addition to such punishment.
Defamation law in India:

Defamation is an offence under both civil and criminal law. In civil law, defamation is punishable under the Law of
Torts by imposing punishment in the form of damages to be awarded to the claimant. Under the Criminal law,
Defamation is a bailable, non-cognizable offence and compoundable offence. Hence, a policeman may arrest only
with an arrest warrant issued by a magistrate.

The Indian Penal Code of section 500 punishes the offence with a simple imprisonment up to two years, or with fine,
or both.

Defamation law in China:

Article 87 and 246 of the Criminal Law of the People’s Republic of China criminalizes defamation. The penalty is
imprisonment, Criminal detention, public surveillance or deprivation of political rights.
Defamation in US:

Defamation is not a crime, but it is a “tort” (a civil wrong, rather than a criminal wrong).

Defamation in Korea:

In Korea, a person may be criminally liable if that person defames another by publicly alleging facts under the
Criminal Code of 1953. People can be charged with defamation even where they tell the truth. The person who
defames another by publicly shall be punished by imprisonment or imprisonment without prison labour for not more
than two years or by a fine not exceeding five million won {about $A6,000- article 307(1)}.

Defamation in Saudi Arabia:

Saudi Arabia has no written criminal law defining defamation or any attendant penalties. They punishes religious
defamation ranging from imprisonment to death, depending on the severity of the crime committed.
How has the concept of defamation changed
overtime in Nepal?
The concept of defamation as introduced in Libel and Slander Act, 2016 B.S. revolves around two major terms:

a. Libel- a written defamation

b. Slander- a verbal defamation

The Interim Government of Nepal Act, 2004 BS introduced “Freedom of speech” and “Freedom of Press” separately.

Constitution of Nepal 2047 BS (Art 13) introduced “Press and Publication Rights” for the first time.

ICCPR Ratification in Jestha, 2048 BS (Art19) significantly presented Freedom of opinion and expression in an influential
manner.

- It brought upon consequential changes in Free Press.

The “freedom of speech” and “ freedom of press” were put under political rights. However after revolution in and
evolution of politics, public opinions were taken into serious consideration.
Outrageous public speech/ Opinions- Different countries such as US has given verdicts for government or organization to
have enough tolerance to take on outrageous public speech.

Electronic Transaction Act 2063 BS, Sect 47- If any person publishes or displays any material in the electronic media
including computer, internet which are prohibited to publish or display by the prevailing law or which may be contrary to
the public morality or decent behavior or any types of materials which may spread hate or jealousy against anyone or
which may jeopardize the harmonious relations subsisting among the people of various castes, tribes and communities
shall be liable to the punishment with the fine not exceeding One Hundred Thousand Rupees or with the imprisonment
not exceeding five years or with both.

Muluki Criminal Code 2074 Section 305 & 306 details the provision regarding Defamation.

- Section 305 (Prohibition of committing slander)

- Section 306 (Prohibition of committing libel)

* a person making any imputation against 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 or her family or other near relatives shall be
deemed to commit defamation.
 Precedents
Advocate Dinesh Tripathi Vs. Chairman of Nepali Communist Party Pushpa
Kamal Dahal (Prachanda) NKP 2072, D.No. 9483

Advocate Ratna Kumari Shrestha Vs. Kantipur Daily and other NKP 2076 D.No.
10370
Defamation laws in Nepal’s context
- Inappropriate use

- Powerful weapon of ‘leg pulling’

- Defamation law VS freedom of speech VS healthy criticism