No. 12
Media Services
2016
person in his profession or trade by an injury to his
reputation, is a defamatory matter.
(2) The matter referred to under subsection (1)
shall qualify to be a defamatory matter even when it is
published against a deceased person.
(3) The prosecution for the publication of
defamatory matter concerning a person who is dead shall
not be instituted without the written consent of the
Director of Public Prosecutions.
Defamation in
print media
36.-(1) A person shall be deemed to make
publication of a libel if that person causes the print,
writing, painting, effigy or other means by which the
defamatory matter is conveyed, to be dealt with, either by
exhibition, reading, recitation, description, delivery or
otherwise, in a way that the defamatory meaning thereof
becomes known or is likely to be known to either the
person defamed or any other person.
(2) It shall not be necessary for defamation that the
defamatory meaning is directly or completely expressed.
(3) For the purpose of subsection (2), it shall be
sufficient that such meaning and its application to the
person alleged to be defamed may be collected either
from the alleged libel itself or from any extrinsic
circumstances or partly from the one and partly from the
other means.
Definition of
unlawful
publication
37. Publication of defamatory matter concerning a
person shall be unlawful within the meaning of this Part,
unless(a) the matter is true and it was for the public
benefit that it is published; or
(b) it is privileged as one of the grounds for the
reasons provided under this Act.
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