This article is about defamation law in Nepal. It discusses the types of defamation and its legal provisions.
Introduction – Defamation Law in Nepal
Defamation law in Nepal is formed to protect the reputation and dignity of individuals from false statements or communications that can cause harm. Chapter 2 of the National Penal Code on Offences Relating to Defamation outlines the legal provisions, conditions, and punishments for slander and libel in Nepal, both of which are criminal offenses.
Slander and Libel in Nepali Law
Slander: A Spoken Defamation
Slander is a form of defamation where false statements or communications are made intentionally to damage an individual’s reputation. It primarily deals with spoken or communicated defamation rather than written defamation.
According to Section 305 of the National Penal Code, slander is prohibited in Nepal. The law specifies that using degrading words, either spoken or communicated, with the intention of damaging and lowering the reputation of the victim constitutes slander.
If an individual is found guilty of slander in Nepal, they can face criminal punishment, including imprisonment for up to one year, a fine of up to NPR 10,000, or both.
Libel: A Written Defamation
Libel is another form of defamation that involves false statements or communications made in written, printed, published, or visualized form.
Section 306 of the National Penal Code prohibits libel in Nepal, considering it a more severe form of defamation compared to slander. Libel can be committed through various means, such as using written words, actions, signs, or visible representations. Publicizing false statements that damage an individual’s personal or moral character also falls under libel.
The penalties for libel include imprisonment for up to two years, a fine of up to NPR 20,000, or both. If the libel is conducted through electronic or mass communication means, an additional penalty of imprisonment for one year or a fine of up to NPR 10,000 can be imposed.
Conditions for Defamation
Defamation in Nepal can be committed in several ways, including:
Using written words: Any false statements made in writing with the intent to harm someone’s reputation.
Conduct or actions: Actions or behaviors that communicate false information about an individual.
Signs or visible representations: Using signs or other visual means to spread false information.
Publicizing false statements: Making false statements publicly to damage an individual’s character.
Exemptions from Defamation
Certain actions and statements are not considered defamation under Nepalese law:
- Truthful publication or broadcasting: Publishing true information about a person, supported by evidence, for the public good.
- Good faith publication about public servants: Publishing information about the conduct of public servants in the discharge of their duties in good faith.
- Expressing opinions in good faith: Sharing opinions about the conduct of individuals in public positions or the quality of public performances in good faith.
- Legal investigations and accusations: Investigating offenses or making legal accusations in accordance with the law.
- Cautioning individuals: Cautioning a person for their benefit, the benefit of someone they represent, or for the public’s benefit.
Punishment for Defamation in Nepal
Punishment for Slander
Individuals found guilty of slander in Nepal can be sentenced to imprisonment for up to one year or fined up to NPR 10,000, or both. The law aims to deter people from making false spoken statements that can harm others’ reputations.
Punishment for Libel
The penalties for libel are more severe than for slander. A person convicted of libel can face imprisonment for up to two years, a fine of up to NPR 20,000, or both. If the libel is conducted through electronic or mass communication means, an additional penalty of imprisonment for one year or a fine of up to NPR 10,000 can be imposed.
The offender must provide reasonable compensation to the victim, considering the gravity of the offense and its impact on the victim’s reputation. The court may also order the offender to pay the litigation and lawyer costs incurred by the defamed individual.
If the defamation affects a deceased person and their family, the compensation and litigation costs are paid to the nearest successor of the deceased who was impacted by the action.
Statute of Limitation
The statute of limitation for reporting cases related to defamation in Nepal is three months from the date of knowledge of the commission of the crime. This means that individuals have a limited time frame to file a defamation complaint after becoming aware of the defamatory act.
Conclusion
Defamation laws in Nepal are formed to protect individuals’ reputations from false and damaging statements. Both slander and libel are considered criminal offenses, with specific conditions and punishments outlined in the National Penal Code. Understanding these laws is important for individuals to protect their rights and seek legal recourse if they become victims of defamation. The legal provisions ensure that while freedom of speech is respected, it is not misused to harm others’ reputations unjustly.
Also Read: Sexual Harassment Law in Nepal
