Section 288: Interpretation of “defamation”

288. Interpretation of “defamation” (1) Any imputation or allegation of a fact prejudicial to the honour, character or reputation of the person to whom such fact is imputed or alleged is a defamation. (2) Any imputation or allegation concerning the honour, character or reputation of a deceased person is a defamation where it is calculated to throw discredit on or be hurtful to the feelings of the family or relatives of the deceased. (3) Any person who, by any of the means specified in section 206, is guilty of defamation shall be liable to imprisonment for a term not exceeding 5 years and a fine not exceeding 50,000 rupees. (4) No offence is committed under this section where the writing or words— (a) impute or allege anything which is true concerning any person, where the publisher can show that it was for the public good that the imputation or allegation should be published; (b) are a fair and bona fide comment or criticism of the conduct of a public servant in the discharge of his public functions or respecting his character so far as his character appears in that conduct and no further; (c) are a fair and bona fide comment or criticism of the conduct of any person touching any public question, and respecting his character so far as his character appears in that conduct; [Issue 2] C57 – 78 Revised Laws of Mauritius (d) are an impartial and accurate report of the proceedings of any Court or of the result of any such proceedings, unless the Court has itself prohibited the publication, or the subject matter of the trial is unfit for publication, or the subject matter of the proceedings is blasphemous or obscene; (e) are a fair and bona fide comment or criticism of the merits of any case, civil or criminal, which has been decided by any Court, or respecting the conduct of any person as a party, witness, or agent in any such case, or respecting the character of such person, so far as his character appears in that conduct; (f) are a fair and bona fide comment or criticism of the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance; (g) are written or uttered by a person having over another any authority, either conferred by law, or arising out of a lawful contract made with that other, and pass in good faith any censure on the conduct of that other to any person having an interest in such conduct, or in a newspaper if there was no other way for the writer efficiently to protect his interest or the interests of society in matters to which such lawful authority relates; (h) 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 or accusation; (i) amount to an imputation or allegation on the character of another, provided that the imputation or allegation is made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good; (j) convey a caution in good faith to one person against another, provided that such caution is intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested or for the public good; or (k) publish an impartial and accurate report of the proceedings of any public meeting, or (except where neither the public nor any newspaper reporter is admitted) of any meeting of the Assembly or of a municipal co t, or of any other person, or for the public good; (j) convey a caution in good faith to one person against another, provided that such caution is intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested or for the public good; or (k) publish an impartial and accurate report of the proceedings of any public meeting, or (except where neither the public nor any newspaper reporter is admitted) of any meeting of the Assembly or of a municipal council. [S. 288 amended by Act 5 of 1999; s. 8 of Act 36 of 2008 w.e.f. 6 December 2008.]