Principle In a civil action for defamation truth of the defamatory matter is an absolute defenc...........

Legal Concepts Law of Torts

Principle: In a civil action for defamation, truth of the defamatory matter is an absolute defence. 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?

‘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

Explanation:

Even assuming if Dwas speaking the truth, the principleplaces a burden of proving the truth on the defendant. The principle also makes it abundantly clear that the defendant will be liable if s/he is unable to prove his/her assertion. In this case Dis unable to back his assertion as clearly stated in the facts. In such a case he will liable to P