Section 4
Circumstances Where Libel Is Not Held
4. Circumstances where libel is not held :
Notwithstanding anything contained in Section 3, the commission of the following act or matter shall not be deemed to be a libelous act:
(1) In the event of a need for the interest of the general public, to make an allegation of true matter against any person or publish such an allegation; the matter of whether an allegation made against a person is in the interest of the general public or not shall depend on the fact,
(2) To express any opinion in good faith about the conduct of any public servant which he or she was performing the functions and duties of his or her office or about his or her character to the extent only that understandable from that conduct,
Interpretation : For the purposes of this clause, the term “public servant” means a person who is a public servant within the definition of public servant set forth in the Prevention of Corruption Act, 2059 (2002). 3
(3) To express any opinion in good faith about the conduct of any person which is concerning a public issue/question and about
The Prevention of Corruption Act, 2017 was promulgated instead of the Public Servants’ (Corruption Prevention) Act, 2013, and the Prevention of Corruption Act, 2059 was promulgated instead of the Prevention of Corruption Act, 2017. his or her character to the extent only that understandable from that conduct,
(4) In the course of any court proceedings, to publish a true report actually reflecting the results thereof,
Explanation : For the purposes of this Clause, the term “court” means an open bench established by any judge or other officer
of a court to make a public inquiry in time.
(5) To express any opinion on merits or demerits of any civil or criminal case settled by a court or about the conduct of the plaintiff, defendant, witness or attorney of any such a case or his or her character to the extent only that is understandable from that conduct,
(6) Where a person who is to do any matter has submit that matter for the opinion of the general public, to express any opinion on merits or demerits of that matter or the character of the person doing that matter to the extent only that is understandable from the same, Explanation : In submitting a matter by the person doing that matter for the opinion of the general public, it shall suffice to clearly state that he or she has done that matter or do any act by that person inferring that intention.
(7) Where a person has any right over another person by virtue of law or a legal bond with that other person, to indicate in good faith by the person any deficiency in the conduct of that other person on any act or matter relating to that right,
(8) To make any charge, that can be made against any person, before the legally competent authority in good faith against that person on that matter,
(9) To blame, in good faith, the character of a person for to safeguard one’s or other’s interest or for the interest of the general public, and
(10) To alter any person against another person for the interest of that person or of a person in which he or she has interest or for the interest of the general public
Notwithstanding anything contained in Section 3, the commission of the following act or matter shall not be deemed to be a libelous act:
(1) In the event of a need for the interest of the general public, to make an allegation of true matter against any person or publish such an allegation; the matter of whether an allegation made against a person is in the interest of the general public or not shall depend on the fact,
(2) To express any opinion in good faith about the conduct of any public servant which he or she was performing the functions and duties of his or her office or about his or her character to the extent only that understandable from that conduct,
Interpretation : For the purposes of this clause, the term “public servant” means a person who is a public servant within the definition of public servant set forth in the Prevention of Corruption Act, 2059 (2002). 3
(3) To express any opinion in good faith about the conduct of any person which is concerning a public issue/question and about
The Prevention of Corruption Act, 2017 was promulgated instead of the Public Servants’ (Corruption Prevention) Act, 2013, and the Prevention of Corruption Act, 2059 was promulgated instead of the Prevention of Corruption Act, 2017. his or her character to the extent only that understandable from that conduct,
(4) In the course of any court proceedings, to publish a true report actually reflecting the results thereof,
Explanation : For the purposes of this Clause, the term “court” means an open bench established by any judge or other officer
of a court to make a public inquiry in time.
(5) To express any opinion on merits or demerits of any civil or criminal case settled by a court or about the conduct of the plaintiff, defendant, witness or attorney of any such a case or his or her character to the extent only that is understandable from that conduct,
(6) Where a person who is to do any matter has submit that matter for the opinion of the general public, to express any opinion on merits or demerits of that matter or the character of the person doing that matter to the extent only that is understandable from the same, Explanation : In submitting a matter by the person doing that matter for the opinion of the general public, it shall suffice to clearly state that he or she has done that matter or do any act by that person inferring that intention.
(7) Where a person has any right over another person by virtue of law or a legal bond with that other person, to indicate in good faith by the person any deficiency in the conduct of that other person on any act or matter relating to that right,
(8) To make any charge, that can be made against any person, before the legally competent authority in good faith against that person on that matter,
(9) To blame, in good faith, the character of a person for to safeguard one’s or other’s interest or for the interest of the general public, and
(10) To alter any person against another person for the interest of that person or of a person in which he or she has interest or for the interest of the general public