Dear Babu Ram, First, according to international standards, defamation should not be criminal in nature, and certainly not involve imprisonment or detention.
Whether the report was defamatory of the college would depend on how it was written (ie if it seemed to make an allegation against the college or not). From what you say, this seems unlikely but one would have to read the whole report to really assess this. It might also depend on whether the college was a public or private one (in some countries, some public bodies are not allowed to sue in defamation). The journalists would seem to have some potential defences according to international standards - namely truth or, if they could not prove that, reasonable publication in the public interest - but I am not sure how fully local law recognises these defences. Note that if the case is a criminal one, the prosecution (or college in this case) should be required to prove all of the elements of the offence beyond all reasonable doubt, and that should normally include the falsity of the statements. I think brinzal is eggplant or aubergine in English, by the way. Toby ___________________________________ Toby Mendel Executive Director Centre for Law and Democracy t...@law-democracy.org Tel: +1 902 431-3688 Fax: +1 902 431-3689 www.law-democracy.org On 22 Jun 2013, at 08:49, Babu Ram Aryal wrote: > Dear All > We have a twist on FOE over Online in Nepal. Three journalist are arrested. > FIR lodged against them by the principal of a college who accused the content > of a news online managed by defendants are defamatory. > > The online reported that brinzal, a kind of vegetable, were found in toilet > of a women's college. It is also written that brinzals are being used by > girls as sex toy to satisfy their sexual emotions. > > Do you think this is defamatory ? Can a college claim it's reputation is > defamed? What is practice of governing a news content online, around the > world? > > Your suggestions are highly appriciated. > > Thanks. > Sent from my iPhone > Babu Ram Aryal > > President > ISOC Nepal > +977 9851048401
