Question

Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.

Principle: In a civil action for defamation, the truth of the defamatory matter is an absolute defense. However, the burden of proving truth is on the defendant; and he is liable if he does not successfully discharge this burden.

Facts: 'D' who was the editor of a local weekly, published a series of articles mentioning that 'P', who was a government servant, issued false certificates, accepted bribe, adopted corrupt and illegal means to mint money and was a 'mischief monger'. 'P' brought a civil action against 'D', who could not prove the facts published by him.
Under the circumstances, which of the following derivations is correct?

विकल्प

• 'D' would be liable, since he could not prove the facts published by him

• 'D' would not be liable, as such an action could curtail the right of expression and speech of press

• 'D' would not be liable, as media could publish anything

• None of the above

Answer 1

'D' would be liable since he could not prove the facts published by him

Explanation:

According to Section 499 of the Indian Penal Code and Law of Torts on Defamation, the truth of the defamatory matter is an absolute defence, however,  the burden of proving truth is on the defendant and he would be liable if he does not successfully discharge this burden.  In the present case, D would be liable, as he could not prove the facts published by him.