Question

Answer the question which follows from the application of the under mentioned legal principle.

Principle: All citizens shall have the right to freedom of speech and expression.

Facts: X, a famous writer and Novelist criticized another novelist, B stating that: "the novel of B is foolish, he is a weak man, his Novel is indecent, his mind is impure, he is not of a good character, he should write decent and good Novel." Can X be sued for defamation? 

Options

• He is not liable because he has just expressed his personal views

• He is liable to be sued for defamation if his statement, was not true or said in mala fide intention

• He cannot be liable because he has a fundamental right to freedom of speech and expression

• He cannot be sued, because both are writer and novelists and both can criticize each other

Answer 1

He is liable to be sued for defamation if his statement, was not true or said in mala fide intention

Explanation:

Right to freedom of expression does not authorize another person to defame any person.