Nepalese Defamation Law: Provisions, Punishments & Cyber Defamation

Nepalese law of defamation is intended to protect a person's reputation against false and malicious allegations. Provisions of law under which defamation occurs primarily lie in the National Penal Code, 2017 (2074 B.S.), which classifies defamation as the offering of false oral or written statements, or those published, that harm an individual's dignity, character, or reputation. These laws aim to balance the freedom of expression and the right to reputation personal and professional in order not to subject individuals to unfair victimization by misinformation or personal attacks.

Defamation is divided into two types under Chapter 18 of the National Penal Code, 2017, i.e., slander (oral defamation) and libel (published or written defamation). As per law, any individual who speaks or publishes false words with the aim of defaming someone's reputation can be liable for punishment in the form of imprisonment or a fine. In contrast, true statements, good-faith statements, or statements in the public interest are generally excluded from the crime of defamation.

With the advent of social media and digital media, laws of defamation gained significance in Nepal. The Electronic Transactions Act, 2006, also includes provisions for cyber defamation, and it is a crime to upload false or defamatory material on the internet. Despite such legal safeguards, enforcement is hard due to unawareness and legal complexities. Enhancing implementation mechanisms and achieving a balance between free speech and reputation protection is essential for maintaining justice in Nepal's evolving digital and legal landscape.

Nepalese legal Provision regarding defamation

National Penal Code, 2017 (2074 B.S.), Part 3, chapter 2 deals with the offense relating to defamation.

Prohibition of committing slander (National Penal Code, 2074 Sec 305)

No person shall slander another person. A person who uses degrading words, spoken or said, with the intention of lowering the reputation of another person shall be deemed to commit slander.

Punishment

A sentence of imprisonment for a term not exceeding one year or a fine not exceeding ten thousand rupees or both.

Prohibition of committing libel (National Penal Code, 2074 Sec 306)

No person shall defame another person.

The following acts shall be deemed to commit defamation:

• Defaming another person by written or spoken words, actions, signs, visual representations, publicity, or any other means that directly or indirectly harm their character, reputation, or moral standing in the eyes of others is prohibited. This includes making statements that suggest a person is in a disgraceful condition, spreading or publishing such claims with the intent to harm or with the knowledge that they could damage the person’s reputation. Additionally, knowingly selling or distributing materials used for defamation is also considered an offense.
• Making any statement or allegation against a deceased person that would have harmed their reputation if they were alive and is intended to cause distress to their family or close relatives is prohibited.
• Making or expressing an imputation in the form of an alternative or ironically.

Acts shall not be considered to be libel: (National Penal Code, 2074 Sec 306(3))

• Publishing or broadcasting anything true concerning any person, along with the evidence and basis, for the public good,
• Publishing in good faith and decently anything respecting the conduct of any public servant in the discharge of his or her public functions or respecting his or her character only so far as his or her character appears in that conduct,
• Expressing in good faith any opinion respecting the conduct of public office or position of any person and respecting his or her character only so far as his or her character appears in that conduct,
• Expressing in good faith and decently any opinion respecting the merits of any performance which its author has submitted to the public for opinion or respecting the character of the author only so far as his or her character appears in such performance,
• Passing in good faith any censure on the conduct of a person who has over another person any authority, either conferred by law or arising out of a contract made with that other person in matters to which such authority relates.
• Investigating into any offense by law or preferring accusation against him or her on that basis by law,
• Cautioning a person against another person, for his or her benefit or the benefit of a person having his or her interest or for the benefit of the public.

Punishment

• A person who commits libel shall be liable to a sentence of imprisonment for a term not exceeding two years or a fine not exceeding twenty thousand rupees or both.
• If libel is committed using electronic or other means of mass communication, there shall be imposed an additional sentence of imprisonment for a term not exceeding one year or a fine not exceeding ten thousand rupees in addition to such punishment.

Compensation

• If a person is convicted of libeling another person or causing such libel, reasonable compensation is to be provided.

  Criteria to determine compensation

  • The gravity of the offence
  • Effect caused to the reputation of such a person
  • Commission of libel using electronic or other means of mass communication
  • Litigation costs
• If a person is convicted of libeling a deceased, then compensation and litigation costs shall be ordered to be paid by the offender to the near successor of the deceased whose feeling was hurt.

Statute of limitation: No complaint shall lie after the expiry of three months from the date of knowledge of the commission of any offense.

Nepal's defamation laws are a significant safeguard for individuals against slander and defamatory statements that can damage their reputations. While the National Penal Code, 2017, and the Electronic Transactions Act, 2006, clearly establish legal provisions against slander and libel, harmonizing laws with freedom of expression is difficult. As online platforms increase, issues of cyber defamation also increase, and enforcement and publicity are more imperative than ever before. Enhancing the mechanism of law, achieving justice through equable trials, and ensuring responsible speech is crucial to upholding both individual dignity and democratic rights in Nepal's new legal era.