(b)(“A”) is asked who stole (“B’s”) watch. (“A”) points to (“Z”),
intending to cause it to be believed that (“Z”) stole (“B’s”) watch. This is
defamation unless it falls within one of the exceptions;
(c) (“A”) draws a picture of (“Z”) running away with (“B’s”) watch,
intending it to be believed that (“Z”) stole (“B’s”) watch. This is
defamation, unless it falls within one of the exceptions.
First exception:- It is not defamation to impute anything which is true
concerning any person, if it be for the public good that the imputation
should be made or published. Whether or not it is for the public good is a
question of fact.
Illustrations –
(a) (“Z”) opens a school at Yei. The fact is that (“Z”) has fled from
Europe to escape punishment for gross acts of swindling. (“A”) is
protected by this exception if he publishes that fact;
(b)but if the swindling had occurred twenty years ago and in the
meantime (“Z”) had been carrying on a school in Kampala and had been
living an upright life, (“A”) would not be protected by this exception if
he raked up the facts and published them.
Second exception:- It is not defamation to express in good faith any
opinion whatever respecting 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.
Third exception:- It is not defamation to express in good faith any
opinion whatever respecting the conduct of any person touching any
public question and respecting his character so far as his character appears
in that conduct and no further.
Illustrations - It is not defamation in (“A”) to express in good faith any
opinion whatever respecting (“Z’s”) conduct in petitioning government on
a public question, in signing a requisition for a meeting on a public
question, in presiding or attending at such a meeting or in forming or
joining any society which invites the public support.
Fourth exception:- It is not defamation to publish a substantially true
report of the proceedings of a Court or of the result of any such
proceedings.
Explanation - An officer holding an inquiry in open Court preliminary to
a trial in a Court is a Court within the meaning of the above exception.
117
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