08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
Merits of public
performance
Sixth Exception.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, or respecting the character of the author so far as his
character appears in such performance, and no further.
Explanation.A performance may be submitted to the judgment of the public
expressly or by acts on the part of the author which imply such submission to
the judgment of the public.
Illustrations
(a) A person who publishes a book, submits that book to the judgment of the
public.
(b) A person who makes a speech in public, submits that speech to the judgment
of the public.
(c) An actor or singer who appears on a public stage, submits his acting or
singing to the judgment of the public.
(d) A says of a book published by Z "Z's book is foolish: Z must be a weak
man. Z's book is indecent; Z must be a man of impure mind." A is within this
exception, if he says this in good faith, inasmuch as the opinion which he
expresses of Z respects Z's character only so far as it appears in Z's book, and
no further.
(e) But if A says "I am not surprised that Z's book is foolish and indecent, for he
is a weak man and a libertine." A is not within this exception, inasmuch as the
opinion which he expresses of Z's character is an opinion not founded on Z's
book.
Censure passed in
Seventh Exception.It is not defamation in a person having over another any
authority, either conferred by law or arising out of a lawful contract made with
that other, to pass in good faith any censure on the conduct of that other in
matters to which such lawful authority relates.
good faith by person
having lawful
authority over
another
Illustration
A Judge censuring in good faith the conduct of a witness, or of an officer of the
Court; a head of a department censuring in good faith those who are under his
order; a parent censuring in good faith a child in the presence of other children;
a school master, whose authority is derived from a parent, censuring in good
faith a pupil in the presence of other pupils; a master censuring a servant in
good faith for remissness in service; a banker censuring in good faith the cashier
of his bank for the conduct of such cashier as such cashier are within this
exception.
Accusation preferred
in good faith to
authorized person
Eighth Exception. 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 subjectmatter of accusation.
Illustration
If A in good faith accuses Z before a Magistrate; if A in good faith complains of
the conduct of Z, a servant, to Z's master; if A in good faith complains of the
conduct of Z, a child, to Z's father A is within this exception.
Imputation made in
good faith by person
for protection of his
or other’s interests
Ninth Exception.It is not defamation to make an imputation on the character of
another, provided that the imputation be made in good faith for the protection of
the interest of the person making it, or of any other person, or for the public
good.
Illustrations
bdlaws.minlaw.gov.bd/print_sections_all.php?id=11
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