Defamation Law in Nepal

Defamation Laws have been incorporated in Nepal in Chapter 2 of the National Penal Code on Offences Relating to Defamation. The Laws has incorporated Provisions including the Conditions and Punishment for Slander and Libel in Nepal which has been criminalized.

Slander: Defamation Law in Nepal

Slander is a Form of Defamation in which False Statement or Communication is intentionally made to cause Damage to the Reputation of the Individual.

It primarily deals with Spoken or Communicated Defamation instead of Written Defamation.

Section 305 of National Penal Code has prohibited Committing Slander in Nepal as its sub-section provides that no individual shall commit Slander to another Person.

The Act has specified that if an individual uses degrading works either spoken or communicated in order to damage and particularly lower the Reputation of the Victim, such act is considered Slander in Nepal.

If an Individual commits or causes to commit Slander in Nepal, they can be criminally punished with either Jail or Fine in Nepal.

Convicted Criminals of Slander are liable to a sentence of Imprisonment for a term not more than one year or fine not more than NPR 10,000 or both.

Libel: Defamation Law in Nepal

Libel, another Criminal Offence in Nepal, is a form of Defamation with False Statement or Communication made in Written, Printed, Published or Visualized Form.

Section 306 of the National Penal Code has prohibited Committing Libel in Nepal which is considered to be a superior Form of Defamation.

Conditions for Libel

The Means by which Defamation (damaging the character or reputation of an Individual) can be committed are as follows:

1. Using written words.
2. Conduct or actions.
3. Signs or visible representations.
4. Publicizing false statements about them.

In Such cases, these False or untrue accusations defame the Personal or Moral Character of the Person. Further, it can also make the Individual seem disgraceful or weak.

Therefore, it has been forbidden to spread false statement or publish such statement intentionally for Defamation of the Individual. Further, one cannot knowingly sell or distributing ideas that can be used for Defamation is also restricted.

Other Means of Defamation provided by Defamation Law in Nepal are:

1. If an Individual makes statement about a deceased Person that could potentially harm their reputation or hurt the sentiments of the Families/Close Relatives of the Deceased Person is also considered Defamation.
2. If an Individual claims something in an alternative or Ironic Manner, it is a form of Libel Defamation.

What aren’t Defamation (Libel) in Nepal

The Following cannot be considered Libel under Defamation Law of Nepal:

1. Truthful publication or broadcasting about a person along with evidence and for the public good.
2. Good faith publication about the conduct of a public servant in the discharge of their duties.
3. Expressing an opinion in good faith about the conduct of a person in a public position.
4. Expressing an opinion in good faith about the quality of a public performance and the character of the author.
5. Making censures in good faith about the conduct of a person with legal or contractual authority.
6. Legally investigating offenses or making accusations in accordance with the law.
7. Cautioning a person for their benefit, the benefit of someone they represent, or for the public’s benefit.

Punishment for Libel

If an Individual commits Libel of another Person in Nepal, they can be imprisoned for up to two years or fined up to NPR 20,000 or both.

Moreover, if an Individual conducts Libel through Electronic or Mass Communication Means, an additional penalty of imprisonment for one year or fine up to NPR 10,000 or both can be imposed upon the Convicted Offender.

Further, the Offender must also provide reasonable compensation to the Victim of the Defamation. While deciding the Compensation for Defamation, the Court must determine the compensation in accordance to the Gravity of Offense and the Impact upon the Reputation of the Individual.

The Offender can also be required to pay the Litigation and Lawyer Costs of the Libeled or Defamed Person if the Defamation has been proved.

If the Defamation has affected the Deceased Person and their Family, then, the Offender must provide the Compensation for Defamation and the Litigation plus Lawyer Cost to be paid to the nearest successor of the deceased Person who were impacted by such action.

Statute of Limitation

The Statute of Limitation for reporting Cases related to Defamation in Nepal is three months from the Date of Knowledge of Commission of Crime.