1937   Present: Soertsz J. and Fernando A.J.

CHELLIAH v. FERNANDO.

299-D. C. Colombo, 169.
 

Defamation-Truth is no defence-Public interests-Privileged occasion Exceeding limits of privilege-Proof of malice-Roman-Dutch law.

Under the Roman-Dutch law it is no defence to an action for defamation that the words complained of were true in substance and in fact. It must be proved that it was for the public benefit that they should be published.

A statement is to be considered as made on a privileged occasion when it is fairly made by a person in the discharge of some public or private duty whether legal or moral or in the conduct of his own affairs in matters where his interest is concerned.

The plea of privilege will not protect a person who has published something beyond what is reasonably appropriate for the occasion.

Where the defendant has exceeded the limits of a privileged occasion it is not incumbent on the plaintiff to prove express malice.

THE plaintiff who was a married woman and maternity nurse by profession sued the defendant to recover a sum of one thousand rupees as damages in consequence of the defendant having defamed her