Act 9 289. Defamation. Penal Code Act Criminal Defamation 2008 (1) Whoever, by words either spoken or reproduced by any mechanical means or intended to be read or by signs or by visible representations makes or publishes any imputation concerning any person, intending to harm or knowing or having reason to believe that such imputation will harm the reputation of such person, is said, save as hereinafter excepted, to defame that person. (2) Whoever, defames another person commits an offence and upon conviction, shall be sentenced to imprisonment for a term not exceeding two years or with a fine or with both. (3) For the purposes of subsection (1), above, it is not criminal defamation— (a) to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published; provided that, whether or not it is for the public good is a question of fact; (b) to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his or her public functions or respecting his or her character so far as his or her character appears in that conduct and no further; (c) to express in good faith any opinion whatever respecting the conduct of any person touching any public question and respecting his or her character so far as his or her character appears in that conduct and no further; (d) to publish a substantially true report of the proceedings of a Court or of the result of any such proceedings; (e) to express in good faith any opinion whatever respecting the merits of any case civil or criminal which has been decided by a Court or respecting the conduct of any person as a party, witness or agent in 146