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1826. April 12
Penal Code.Ch. II. Offences affecting reputation
§. Wrongful defamation.
1.
Wrongful defamation
what.
2.
Vituperation what.
3.
Offences against reputation –
1. Wrongful defamation
2. Wrongful vituperation
4.
Defamation, what.
5.
Defamation, where
wrongful.
6.
Defamation.
1. Private.
2. Public.
7.
Vituperation what.
8.
Examples –
9.
Defamation – modes.
Examples –
10.
For satisfaction, Judge
to ascertain the amount
of pecuniary
damage.
11.
Justification – truth.
Reason: bad effects
outweighed by good.
12.
But where the intimation
is false, the evil
preponderates.
13.
Extenuation, wrongee
a public functionary.
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14.
Reasons
1. Need of support to
the power of public
Opinion Tribunal
2. Functionary receives
compensation beforehand.
3. The higher his position,
the more powerful
his Defenders.
15.
By vulgar error, the
reverse of this proposition
embraced.
16.
Facility of prosecution
by public functionaries.
17.
Instead of an extenuation,
high situation
of Wrongee commonly
regarded as
an aggravation.
18.
Reasons assigned.
1. Wrongee's dignity.
2. Injury to his feelings
greater.
3. Injury to the public
greater.
4. Impunity of defamation
would deter men
of good character from
accepting office.
5. Proneness of men
to attack the character
of persons in power.
19.
Invalidity of pleas
examined.
1st. as to dignity.
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20.
A government, restraining
the communication
of political
opinion,
puts itself in a
state of war with
the people.
21.
Every act done in
prosecution is a
certificate of functionary's
inaptitude.
22.
This amongst the
means by which
the worst governments
maintain
themselves.
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