This paper provides an overview of defamation and its remedies and defences in Bangladesh. Before getting into that discussion, it is important to have a general idea of what amounts to defamation and the types of defamation.
Defamation And Its Remedies And Defenses In Bangladesh:
- Defamation in Bangladesh is making false imputations with the intent to harm a person’s reputation, punishable with imprisonment of up to 2 years and a fine.
- Types of defamation: Libel (malicious written defamation) and Slander (verbal false statements causing special damage).
- Defences for defamation include expressing true statements for the public good, good-faith opinions on public servants’ conduct, and reporting court proceedings accurately.
- Defamation can be a civil wrong (with damages) and a criminal offence in Bangladesh.
- No distinction between spoken and written words in defamation cases in Bangladesh.
- There are ten defences available for defamation, including commenting on another’s character in good faith and conveying caution to someone.
- Punishment for defamation can include simple imprisonment and a fine.
- To prove defamation as a criminal offence, the prosecution must demonstrate beyond reasonable doubt that the defendant committed defamation.
- An apology or retraction may serve as a mitigating factor in defamation cases.
What is Defamation?
As per Section 499 of the Penal Code of Bangladesh¸ 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.
Types of defamation
There are mainly 2 types of defamation
Libel
A malicious defamation expressed in writing or printing tends to either blacken the memory of one who is dead or the representation of one who is alive and expose him to public hatred, contempt or ridicule. The elements of libel are:
- Publication
- of a false statement
- expressed in writing, printing or some other permanent form
- tending to harm the reputation of another.
Slander
A verbal statement is false, defamatory, and tends to affect one’s good name and reputation. The elements of slander are:
- That the statement complained of is false,
- defamatory,
- and that some special damage to the plaintiff has resulted from it.
Defamation as a criminal offence
Unlike various countries, defamation in Bangladesh is considered a criminal offence and not a civil wrong. Moreover, there is no distinction between spoken and written words in the criminal law of defamation, provided that the requirements under Section 499 of the Penal Code of Bangladesh above are satisfied. However, since it is a criminal offence, the prosecution must prove beyond reasonable that the defendant has committed defamation.
Defences for defamation
There are 10 defences to the offence of defamation:
1. It is not defamation to make statements about anything true concerning any person if such a statement is made for the public good.
2. It is not defamation to express in good faith any opinion respecting the conduct of a public servant in the discharge of his public functions.
3. It is not defamation to express in good faith any opinion respecting the conduct of any person touching any public question.
4. It is not defamation to publish a substantially true report of a Court of Justice proceedings or the result of such proceedings.
5. It is not defamation to express in good faith any opinion respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice.
6. It is not defamation to express in good faith any opinion respecting the merits of any performance its author has submitted to the public’s judgment.
7. It is not defamation in a person having authority over another to pass in good faith any censure on the conduct of that other in matters to which such authority relates.
8. 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 subject matter of accusation.
9. It is not defamation to comment on the character of another, provided that such comment is made in good faith for protecting the interest of the person making it, or of any other person, or for the public good.
10. It is not defamation to convey a caution, in good faith, to one person against another.
Punishment for defamation
Whoever commits defamation shall be punished with simple imprisonment for a term which may extend up to 2 years and a fine.
Defamation practice at CLP
The Barristers, Advocates, and lawyers at CLP Law Chamber in Gulshan, Dhaka, Bangladesh, are highly experienced at assisting clients in dealing with defamation and every aspect surrounding defamation. For queries or legal assistance, please reach us at:
E-mail: info@counselslaw.com
Phone: +8801700920980 | +8801947470606
Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka.
