- 04/25/2019 at 1:55 pm #616953EduGorillaKeymasterSelect Question Language :
Directions: The question consists of two statements, one labelled as Principles and the other as Facts. You are to examine the principles and apply them to the given facts carefully and select the best option.
1. The truth of the defamatory matter is an absolute defence.
2. The burden of proving truth is on the defendant and he is liable if he does not successfully discharge this burden.
Facts: Divyank, who was the editor of a local weekly, published a series of articles mentioning that Tarun, who was a clerk in Panjab University, leaked question papers, accepted bribe and adopted corrupt and illegal means to mint money. Tarun brought a civil action against Divyank, who could not prove the facts published by him.
Under the circumstances, which of the following derivations is correct?
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- Divyank would be liable, since he could not prove the facts published by him.
- Divyank would not be liable, as such an action could curtail the right of expression and speech of press.
- Divyank would not be liable, as media has the power to publish anything.
- Divyank would be liable because the article contained defamatory matter. It does not matter whether it is true or false.
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