CAP. 63 Penal Code [Rev. 2012] CHAPTER XVIII – DEFAMATION 194. Definition of libel Any person who, by print, writing, painting or effigy, or by any means otherwise than solely by gestures, spoken words or other sounds, unlawfully publishes any defamatory matter concerning another person, with intent to defame that other person, is guilty of the misdemeanour termed libel. 195. Definition of defamatory matter. Defamatory matter is matter likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or likely to damage any person in his profession or trade by an injury to his reputation; and it is immaterial whether at the time of the publication of the defamatory matter the person concerning whom the matter is published is living or dead. [Act No. 42 of 1951, s. 10, Act No. 40 of 1952, Sch., L.N. 407/1961, Act No. 19 of 1964, s. 2, Act No. 24 of 1967, Sch.] 196. Definition of publication (1) A person publishes a libel if he causes the print, writing, painting, effigy or other means by which the defamatory matter is conveyed to be so dealt with, either by exhibition, reading, recitation, description, delivery or otherwise, that the defamatory meaning thereof becomes known or is likely to become known to either the person defamed or any other person. (2) It is not necessary for libel that a defamatory meaning should be directly or completely expressed; and it suffices if such meaning and its application to the person alleged to be defamed can be collected either from the alleged libel itself or from any extrinsic circumstances, or partly by the one and partly by the other means. 197. Definition of unlawful publication Any publication of defamatory matter concerning a person is unlawful within the meaning of this Chapter, unless— (a) the matter is true and it was for the public benefit that it should be published; or (b) it is privileged on one of the grounds hereafter mentioned in this Chapter. 198. Cases in which publication of defamatory matter is absolutely privileged (1) The publication of defamatory matter is absolutely privileged, and no person shall under any circumstances be liable to punishment under this Code in respect thereof, in any of the following cases, namely— (a) if the matter is published by the President, or by the Cabinet of Ministers, or in Parliament, in any case in an official document or proceeding; or (b) if the matter is published in the Cabinet of Ministers, or in Parliament, in any case by the President, or by a Minister, or by a Member of Parliament, as the case may be; or [Issue 1] P6-66