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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.

Option: 1

 D would be liable, since he could not prove the facts published by him. 


Option: 2

D would not be liable as such an action could curtail the right of expression and speech of press.


Option: 3

D would not be liable as media could publish anything.


Option: 4

None of the above.


Answers (1)

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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. Here, D would be liable, since he could not prove the facts published by him. Hence the correct option is a. 

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SANGALDEEP SINGH

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