Question:
Principle: In a civil defamation suit, truth is a complete defence if proven by the defendant; the burden of proof is on the defendant.
Facts: ‘D’, editor of a local weekly, published articles alleging that ‘P’, a government servant, was corrupt and accepted bribes. ‘P’ sued for defamation. ‘D’ failed to prove the truth of the allegations.
Principle: In a civil defamation suit, truth is a complete defence if proven by the defendant; the burden of proof is on the defendant.
Facts: ‘D’, editor of a local weekly, published articles alleging that ‘P’, a government servant, was corrupt and accepted bribes. ‘P’ sued for defamation. ‘D’ failed to prove the truth of the allegations.
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In defamation, truth must be proven by the defendant to claim absolute defence.
Updated On: Aug 11, 2025
- ‘D’ would be liable, since he could not prove the facts published
- ‘D’ would not be liable, as this would curtail freedom of press
- ‘D’ would not be liable, as media could publish anything
- None of the above
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The Correct Option is A
Solution and Explanation
Truth is an absolute defence to defamation, but it must be proven. Failure to prove truth results in liability.
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