Wednesday, 20 August 2014

DIRECTIVE PRINCIPLES OF STATE POLICY AND FUNDAMENTAL DUTIES


http://download.nos.org/srsec317newE/317EL7.pdf
The Directive Principles of State Policy are included in Part IV of the Constitution. Directive Principles of State Policy are in the form of instructions/guidelines to the governments at the center as well as states. The idea of Directive Principles of State Policy has been taken from the Irish Republic. 


The framers of the Constitution included them with a special purpose of bringing about social and economic equality, in order to provide economic justice and to avoid concentration of wealth in the hands of a few peopleThese principles give directions to the state for making laws and policies for the collective good of the people. These Principles are non justiciable and are not enforceable by the Courts of law. But they are nevertheless fundamental to the governance of country.

The Directive Principles lay stress on universalisation of education, abolition of child labour and improvement of the status of women. They provide a framework for establishing welfare state and achieving economic and social democracy. There are important differences between the Fundamental Rights and Directive Principles.

The former are justiciable and positive in nature. At the same time, there is close relationship between the two. They are equally important to bring social and economic democracy in practice. The Courts have been laying stress on the implementation of Directive Principles.Rights and Duties are two sides of the same coin. In the interest of the well being and progress of the society, Rights and Duties must be adhered to equally by all.

Classification Of The Directive Principles

Directive Principles of State Policy have been grouped into four categories. These are:
 (1) the economic and social principles,
 (2) the Gandhian principles, 
(3) Principles and Policies relating to international peace and security and 
(4) miscellaneous.

(i)The economic and social Principles

The state shall endeavour to achieve Social and Economic welfare of the people by:
(1) providing adequate means of livelihood for both men and women.
(2) reorganizing the economic system in a way to avoid concentration of wealth in few
hands.
(3) securing equal pay for equal work for both men and women.
(4) securing suitable employment and healthy working conditions for men, women and
children.
(5) guarding the children against exploitation and moral degradation.
(6) making effective provisions for securing the right to work, education and public
assistance in case of unemployment, old age, sickness and disablement.
(7) making provisions for securing just and humane conditions of work and for maternity
relief.
(8) taking steps to secure the participation of workers in the management of undertakings
etc.
(9) promoting education and economic interests of working sections of the people
especially the SCs and STs
(10) securing for all the workers reasonable leisure and cultural opportunities.
(11) making efforts to raise the standard of living and public health.
(12) providing early childhood care and education to all children until they complete the

age of 6 years

(ii)The Gandhian Principles- There are certain principles, based on the ideals advocated by Mahatma Gandhi. These Principles are as follows : -

(1) To organize village Panchayats.
(2) To promote cottage industries in rural areas.
(3) To prohibit intoxicating drinks and drugs that are injurious to health.
(4) To preserve and improve the breeds of the cattle and prohibit slaughter of cows,
calves and other milch and drought animals.


(iii)Directive Principles of State Policy Relating To Internaional Peace And Security : India should render active cooperation for world peace and security and for that the state shall endeavour to : -

(1) promote international peace and security.
(2) maintain just and honourable relations between nations.
(3) foster respect for international laws and treaty obligations.
(4) encourage settlements of international disputes by mutual agreem

(iv)Miscellaneous

The Directive Principles in this category call upon the state : -
(1) To secure for all Indians a uniform civil code.
(2) To protect historical monuments.
(3) To save environment from pollution and protect wild life.
(4) To make arrangements for disbursement of free legal justice through suitable
legislation.

Distinction between Fundamental Rights and Directive

 Fundamental Rights and Directive Principles of State Policy,which are playing an important role in the establishment of the political and socio-economic society in India, it is important for you to learn about the distinction between the two. The Fundamental Rights are claims of the citizens recognized by the state. They are in the nature of denial of certain authority to the government. They are, therefore, negative in nature. The Directive Principles are like positive directions that the government at all levels must follow to contribute to the establishment social and economic democracy in India.

Relationship between Fundamental Rights and Directive Principles

 Fundamental Rights and Directive Principles are complementary and supplementary to each other.
Whereas the Fundamental Rights establish political democracy, the Directive Principles establish economic and social democracy. No government can afford to ignore them while formulating its plans and policies as it is responsible for all its actions to the people in general. Although there is no legal sanction behind these principles, the ultimate sanction lies with the people.  our Constitution aims at bringing about a synthesis between Fundamental Rights and Directive Principles of state policy. Together, they form the core of the Constitution.

Prasar Bharati Act 1990

The Prasar Bharati Act (1990) was formed by the government as a result of Chanda committee report in 1966,   the Verghese Committee report  in 1978 and the Joshi Committee in 1985- set up by the government made a case for organizational restructuring of broadcasting. 

Prasar Bharati is  India's largest public broadcaster. It  comprises Doordarshan television Network and All India Radio. Earlier it  were the  media units of the Ministry Of Information and Broadcasting, now it is an autonomous body set up by an Act of Parliament . The Parliament of  India  passed an Act to grant this autonomy in 1990, but it was  enacted  September 15, 1997.  )   The Prasar Bharati (Broadcasting Corporation of India) Act, 1990,   extends to the whole of India.
Mrinal Pandey is the chairperson of Prasar Bharati and Jawhar Sircar is the CEO.




The Prasar Bharati (Broadcasting Corporation of India) Act, 1990
The objectives of the Prasar Bharati Bill are:
1. To confer autonomy on Akashvani and Doordarshan, thereby ensuring that they function in a fair, objective and creative manner.
2. Upholding of both unity and integrity of the country.
3. Upholding of the democratic and social values enshrined in the constitution.
4. To look after the safeguarding of the citizen's right to be informed freely, truthfully and objectively.

2. Definitions.
a.    "Akashvani" means the offices, stations and other establishments formed  under the Director-General, All India Radio of the Union Ministry of Information and Broadcasting;
c.    "broadcasting" means the dissemination of any form of communication like signs, signals, writing, pictures, images and sounds of all kinds by transmission of electro-magnetic waves through space or through cables intended to be received by the general public either directly or indirectly through the medium of relay stations and all its grammatical variations and cognate expression shall be construed accordingly;

Salient features of the act

3.    Establishment and composition of Corporation.
12.  Functions and Powers of Corporation.
13.  Parliamentary Committee.
14.  Establishment of Broadcasting Council, term of office and removal , etc., of members thereof.

23.  Power of Central Government to give directions.
24.  Power of Central Government to Obtain Information.
25.  Report to Parliament in certain matters and recommendations as to action against the Board.
33.  Power to make regulations.
34.  Rules and regulations to be laid before Parliament.
35.  Power to remove difficulties. The Prasar Bharati (Broadcasting Corporation of India) Act,1990


It is an ActTo provide for the establishment of a Broadcasting Corporation for India, to be known as Prasar Bharati. It is  to define its composition, functions and powers .

.     Section 3: Establishment and composition of Corporation.
( there shall be established for the purposes of this Act a Corporation, to be known as the Prasar Bharati (Broadcasting Corporation of India).
(2)   The Corporation shall be a body corporate by the name aforesaid,
(3)   The headquarters of the Corporation shall be at New Delhi and the Corporation may establish offices, kendras or stations at other places in India and, with the previous approval of the Central Government, outside India.
(4)   The Board shall consist of :-

a)    a Chairman;
b)    one Executive Member;
c)    one Member (Finance);
d)    one Member (Personnel);
e)    six Part-time Members;
f)     Director-General (Akashvani), ex-officio;
g)    Director-General (Doordarshan), ex-officio;
h)    one representative of the Union Ministry of Information and Broadcasting, to be nominated by that Ministry; and
i)      two representatives of the employees of the Corporation, of whom one shall be elected by the engineering staff from amongst themselves and one shall be elected by the other employee from amongst themselves.

  
(1)   The Prasar Bharati (Broadcasting Corporation of India shall be established for the purposes of this Act a Corporation,
(2)   The Corporation shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued.
(3)   The headquarters of the Corporation shall be at New Delhi. The Corporation may establish offices, kendras or stations at other places in India and, with the previous approval of the Central Government, outside India.
(4)   The general superintendence, direction and management of the affairs of the Corporation shall vest in the Prasar Bharati Board done by the Corporation under this Act.


12.  Functions and Powers of Corporation.



(1)   It shall be the primary duty of the Corporation to organise and conduct public broadcasting services to inform, educate and entertain the public and to ensure a balanced development of broadcasting on radio and television.
 (2)   The Corporation shall, in the discharge of its functions, be guided by the following objectives, namely:-
(a) upholding the unity and integrity of the country and the values enshrined in the Constitution;
(b) safeguarding the citizen’s right to be informed freely, truthfully and objectively on all matters of public interest, national or international, and presenting a fair and balanced flow of information including contrasting views without advocating any opinion or ideology of its own;
(c) paying special attention to the fields of education and spread of literacy, agriculture, rural development, environment, health and family welfare and science and technology;
(d) providing adequate coverage to the diverse cultures and languages of the various regions of the country by broadcasting appropriate programmes;
(e) providing adequate coverage to sports and games so as to encourage healthy competition and the spirit of sportsmanship;
(f) providing appropriate programmes keeping in view the special needs of the youth;
(g) informing and stimulating the national consciousness in regard to the status and problems of women and paying special attention to the upliftment of women;
(h) promoting social justice and combating exploitation, inequality and such evils as untouchability and advancing the welfare of the weaker sections of the society;
(i)   safeguarding the rights of the working classes and advancing their welfare;
(j)   serving the rural and weaker sections of the people and those residing in border regions, backward or remote areas;
(k) providing suitable programmes keeping in view the special needs of the minorities and tribal communities;
(l)   taking special steps to protect the interests of children, the blind, the aged, the handicapped and other vulnerable sections of the people;
(m) promoting national integration by broadcasting in a manner that facilitates communication in the languages in India; and facilitating the distribution of regional broadcasting services in every State in the languages of that State;
(n)   providing comprehensive broadcast coverage through the choice of appropriate technology and the best utilisation of the broadcast frequencies available and ensuring high quality reception;
(o)   promoting research and development activities in order to ensure that radio and television broadcast technology are constantly updated; and
(p) expanding broadcasting facilities by establishing additional channels of transmission at various levels.


13.   Parliamentary Committee.
(1)   There shall be constituted a Committee consisting of twenty-two Members of Parliament, of whom fifteen from the House of the People to be elected by the Members thereof and seven from the Council of States to be elected by the Members thereof in accordance with the system of proportional representation by means of the single transferable vote, to oversee that the Corporation discharges its functions in accordance with the provision of this Act and, in particular, the objectives set out in section 12 and submit a report thereon to Parliament.
(2)   The committee shall function in accordance with such rules as may be made by the Speaker of the House of the People.

14.   Establishment of Broadcasting Council, term of office and removal, etc., of members thereof.

(1)   There shall be established, by notification, as soon as may be after the appointed day, a Council, to be known as the Broadcasting Council, to receive and consider complaints referred to in section 15 and to advise the Corporation in the discharge of its functions in accordance with the objectives set out in section 12.
(2)   The Broadcasting Council shall consist of -------

(i)    a President and ten other members to be appointed by the President of India from amongst persons of eminence in public life;
(ii)    four Members of Parliament, of whom two from the House of the People to be nominated by the Speaker thereof and two from the Council of States to be nominated by the Chairman thereof.

(3)   The President of the Broadcasting Council shall be a whole-time member and every other member shall be a part-time member and the President or the part-time member shall hold office as such for a term of three years from the date on which he enters upon his office.
(4)   The Broadcasting Council may constitute such number of Regional Councils as it may deem necessary to aid and assist the Council in the discharge of its functions.
(5)   The President of the Broadcasting Council shall be entitled to such salary and allowances and shall be subject to such conditions of service in respect of leave, pension (if any), provident fund and other matters as may be prescribed.
Provided that the salary and allowances and the conditions of service shall not be varied to the disadvantage of the President of the Broadcasting Council after his appointment.
(6)   The other members of the Broadcasting Council and the members of the Regional Councils constituted under sub-section (4) shall be entitled to such allowances as may be prescribed.
 23.  Power of Central Government to give directions.

(1)   The Central Government may, from time to time as and when occasion arises, issue to the Corporation such directions as it may think necessary in the interests of the sovereignty, unity and integrity of India or the security of the State or preservation of public order requiring it not to make a broadcast on a matter specified in the direction or to make a broadcast on any matter of public importance specified in the direction. (1) The Central Government may, from time to time as and when occasion arises, issue to the Corporation such directions as it may think necessary in the interests of the sovereignty, unity and integrity of India or the security of the State or preservation of public order requiring it not to make a broadcast on a matter specified in the direction or to make a broadcast on any matter of public importance specified in the direction.
(2)   Where the corporation makes a broadcast in pursuance of the direction issued under sub-section (1), the fact that such broadcast has been made in pursuance of such direction may also be announce along with such broadcast, if the Corporation so desires.
(3)   A copy of every direction issued under sub-section (1) shall be laid before each House of Parliament.

24.   Power of Central Government to Obtain Information.

The Central Government may require the Corporation to furnish such information as that Government may consider necessary.

25.   Report to Parliament in certain matters and recommendations as to action against the Board.

(1)   Where the Board persistently makes default in complying with any directions issued under section 23 or fails to supply the information required under section 24, the Central Government may prepare a report thereof and lay it before each House of Parliament for any recommendation thereof as to any action (including supersession of the Board) which may be taken against the Board.
(2)   On the recommendation of the Parliament, the President may by notification supersede the Board for such period not exceeding six month, as may be specified in the notification:
Provided that before issuing the notification under this sub-section, the President shall give a reasonable opportunity to the Board to show cause as to why it should not be superseded and shall consider the explanations and objections, if any, of the Board.
(3)   Upon the publication of the notification under sub-section (2),----

(a) all the Members shall, as from the date supersession, vacate their offices as such;
(b) all the powers, functions and duties which may, by or under the provision of this Act be exercised or discharged by or on behalf of the Board, shall until the Board is reconstituted under this Act, be exercised and discharged by such person or persons as the President may direct.

(4)   On the expiration of the period of supersession specified in the notification issued under sub-section (2), the President may reconstitute the Board by fresh appointments, and in such a case any person who had vacated his office under clause (a) of sub-section (3) shall not be disqualified for appointment:
Provided that the President may, at any time before the expiration of the period of supersession, take action under this sub-section.
(5)   The Central Government shall cause the notification issued under-sub-section (2) and a full report of the action taken under this section to be laid before each House of Parliamen


33.   Power to make regulations.

(1)   The Corporation may, by notification, make regulations not inconsistent with this Act and the rules made thereunder for enabling it to perform its functions under this Act.
(2)   Without prejudice to the generality of the foregoing power such regulations may provide for all or/any of the following matters, namely -----

a.   the manner in which and the purposes for which the Corporation may associate with itself any person under sub-section (7) of section 3;
b.   the times and places at which meetings of Board shall be held and, the procedure to be followed thereat, and the quorum necessary for the transaction of the business at a meeting of the Board under sub-section (1) of section 8;
c. the methods of recruitment and conditions of service of officers and other employees of the Corporation under sub-section (2) of section 9;
d.   the conditions of service of officers and employees under sub-section (5) of section 11 [As amended by Act 6 of 2012 w.e.f. 08.03.2012];
e.   [Deleted as per Act 6 of 2012 w.e.f. 08.03.2012];
f.    the services which may be provided by the Corporation under clause (f) of sub-section (3) of section 12;
g. the determination and levy of fees and other service charges in respect of advertisements and other programmes under sub-section (7) of section 12;
h.   the manner in which and the period within which complaints may be made under sub-section (2) of section 15;
i.    any other matter in respect of which provision is, in the opinion of the Corporation, necessary for the performance of its functions under this Act:
Provided that the regulations under clause (c) or clause (d) shall be made only with the prior approval of the Central Government.
34.   Rules and regulations to be laid before Parliament.
Every rule and every regulation made under this Act shall be laid as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive session aforesaid, both Houses agree in making any modification in the rule or regulation, or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.
35.   Power to remove difficulties
If any difficulty arises in giving effect to provisions of this Act, the Central Government may, by order, published in the official Gazette, make such provisions, not inconsistent with the provisions of this Act, as it may deem necessary, for the removal of the difficulty:
Provided that no such order shall be made after the expiry of a period of three years from the appointed day

Tuesday, 5 August 2014

What is contempt of court


Section 2(c) of the Contempt of Courts Act, 1971, defines criminal contempt as:
“(c) criminal contempt means the publication (whether by words, spoken or written,  or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which
(i) scandalises or tends to scandalise, or lowers or tends to lower the authority of,  any court; or
(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or
(iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner;

Under this provision, there are have been largely two different kinds of cases in which journalists have faced criminal contempt charges -  firstly, when there is an article which scandalizes or tends to scandalize or lower the dignity of the judiciary.
This would include comments or remarks on judges or the functionary of the judiciary etc. Secondly, when there are reports on pending litigation which could prejudice the outcome of the trial. 

 Contempt of Court Act states that contempt can be of two types: civil or criminal.
 Contempt of Court can be a civil as well as a criminal offence under the Contempt of Court Act, 1971. Civil Contempt means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court.

 Criminal Contempt means publication of may matter or may other act which lowers or tends to lower the authority of any court or interferes or tends to interfere in the judicial proceedings or administration of justice.
The punishment for contempt. It states that the offender maybe punished with simple imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees or with both. However, the accused maybe discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court. Further, where a person is guilty of civil contempt and the Court feels that the imposition of fine is not enough, the person can be detained in civil prison for a maximum period of six months.
The different situations where One  can be charged with contempt of court
 A person can be charged with Contempt of Court under the Contempt of Court Act, 1971 Contempt  can be either civil or criminal. 

The following acts of conduct have been held to be contempt of court according to established case laws:
  • Flinging of shoes on the judge
  • Slapping a lawyer in the premises of the Court
  • Undermining the judicial system through pleadings given in the Court
  • Making personal attacks on a judge through publications
The personal behaviour of the judge is criticised and it does not affect the judicial system in any manner then the Contempt of Court is not attracted. The judge may sue you for defamation but no action for arises for contempt. 
  
  The following four cases such publication can lead to contempt.
  1. Where it is against any law for the time being in force.
  2. Where the Court expressly prohibits on the ground of public policy.
  3. Where the matter is connected with the public order or the security of the State.
  4. Where the information relates to a secret process, discovery or invention.
The journalists have a right to publish fair and accurate proceedings of an in camera trial also. However, if such publication comes within the restrictions stated under the Contempt of Court Act, 1971 then they can be prosecuted for contempt of court.

II. Case Law decided by the Supreme Court of India
1. Perspective Publications vs. State Of Maharashtra 1971 AIR SC 221
Facts: There was an article that was published which contained several insinuations that a recent judgment delivered by one of the Judges, was influenced by the fact that the Judge’s brother was paid a loan of Rs 10 lakh by one of the parties.
Held: The Editor and Publisher were found guilty of contempt and a fine of Rs 1000/- along with simple imprisonment of one month was imposed on them.

Source: source
http://www.thenewsmanual.net/Manuals%20Volume%203/volume3_68.htm


Defamation


There is always a delicate balance between one person's right to freedom of speech and another's right to protect their good name.  Journalist tend to defame  the political leaders film stars sports people and other famous people either due to carelessness or because of lack of sufficient knowledge about defamation.

Words are very powerful. Journalists use them to inform, entertain and educate their readers and listeners. Words can be used to expose faults or abuses in society and to identify people who are to blame.


What is defamation?

Very simply, defamation is to spread bad reports about someone which could do them harm.  Defamation means one who writing about another person which spoils their good reputation, which makes people want to avoid them or which hurts them in their work or their profession. 
 If the plaintiff can prove that the words had a defamatory meaning, identified him and were published, that is defamation. If someone complains to the court that you have defamed them, they are called the plaintiff

Defamation law allows people to sue those who say or publish false and malicious comments.  Anything that injures a person's reputation can be defamatory. If a comment brings a person into contempt, disrepute or ridicule, it is likely to be defamatory.



There are two Kinds of Defamation.
With the development of the press, libel became the most widespread form of defamation. When broadcasting was introduced, most legal systems decided to treat radio and television like the press and apply the laws of libel to them, even though their words are spoken. For the purposes

If the statement is made in writing and published, the defamation is called "libel." 
If the hurtful statement is spoken, the statement is "slander."libel was the written word, while slander was the spoken word.

* Published defamation -- called libel -- for example a newspaper article or television broadcast. Pictures as well as words can be libellous.
* Oral defamation -- called slander -- for example comments or stories told at a meeting or party.

In India defamation is covered by both the criminal law and the civil law.
Under Criminal Law,  According to section 499 of Indian Penal Code, defines defamation as -"Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, to defame that person."


There are and four explanation Ten exception Regarding Defamation

Explanations in IPC-

 Explanation 1- It may amount to defamation to impute anything to 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 family or other near relatives.
Explanation 2- It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.
Explanation 3- An imputation in the form of an alternative or expressed ironically, may amount to defamation.
Explanation 4- No imputation is said to harm a person's reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loath some state, or in a state generally considered as disgraceful.

The publication of any false imputation concerning a person, or a member of his family, whether living or dead, by which (a) the reputation of that person is likely to be injured or (b) he is likely to be injured in his profession or trade or (c) other persons are likely to be induced to shun, avoid, ridicule or despise him.

Publication of defamatory matter can be by (a) spoken words or audible sound or (b) words intended to be read by sight or touch or (c) signs, signals, gestures or visible representations, and must be done to a person other than the person defamed.

"Any false imputation ..."

An imputation means suggesting something bad or dishonest about someone. In most cases of defamation, this will be done using words although, as we shall see later, it is possible to defame someone by other methods, such as cartoons. For the moment, we will stick to words.

 The reputation of that person is likely to be injured ..."

The law is there to protect a person's reputation in the community or society. A reputation is the general opinions of his personality and character shared by people in his community or society.For example, you may write a story about a man who has previously been convicted of assault. Your new story alleges that he has now stolen money from a church. If this new allegation is false (or you cannot prove it to be true) he could successfully sue for defamation, arguing that the little bit of good reputation he had left has now been damaged.You must, therefore, be extremely careful in your use of words. Ask yourself what they would mean to right-thinking members of society generally.

He is likely to be injured in his profession or trade ..." The law not only tries to protect a person's good name or reputation, it also tries to protect their livelihood against damage by false claims. If, because of a false statement, a shopkeeper loses customers, an accountant loses clients or a policeman loses his job, they can sue for defamation.
It is a journalist's duty to expose faults in any area. However, you must be careful exactly how you describe a person's professional faults.It is always safest to stick to specific claims and not to generalise about a person's skills or professional conduct. 
Other persons are likely to be induced to shun, avoid, ridicule or despise him ..."
In some countries homosexuality is still illegal and therefore the word "gay" there has negative connotations. Even in countries where homosexuality is legal and widely accepted, if you falsely describe someone as being "gay" (i.e. a homosexual), they could get angry and sue for defamation. When a case goes to court, the judge or jury will not care whether the word once meant "bright". They will judge it on its current use and imputation.
In July 2008, a British businessman won a defamation case and £22,000 in damages at London's High Court after false claims about him being gay and a liar were posted on the Facebook social networking website.

Exceptions:
There are ten exception mentioned in Indian Penal Code under which a person can escape his liability from an action of Defamation:

  1. True Imputation made / published for the public good 
  2. Public conduct of public servants    
  3.  Public Question of a Person 
  4. Publication of reports of proceedings of Courts- .
  5.  Merits of case decided in Court or conduct of witnesses and others concerned- 
  6.  Merits of public performance
  7. Censure passed in good faith by person having lawful authority-  
  8.  Accusation preferred in good faith to authorized person- 
  9.   Imputation made in good faith by person for protection of his or other's interests- 
  10.  Caution intended for good of person to whom conveyed or for public good- 
If someone sues you because you made a defamatory statement, you can defend your speech or writing on various grounds. There are three main types of defence:

  • * what you said was true;
  • * you had a duty to provide information;
  • * you were expressing an opinion.
For example:

Defamation - Recent Law
Information Technology Act, 2000 - Defamation through E-Mails will be punishable with liability for compensation. Threat may result in imprisonment up to 2 years.
Case Law
Khushwant Singh v. Maneka Gandhi AIR 2002 Delhi 58
       Judges : Devinder Gupta, Sanjay Kishan Kaul
'It cannot be said that an autobiography must relate to the person concerned directly. An autobiography deals not only with the individual by whom it is written but about the people whom he claims to have interfered with. This is a matter between the author and the people who want to read him. Fetters cannot be put on to what an author should and should not write. It is the judgment of the author." Para 73

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