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Imputation Defamatory Presumption Article Requirement Publicity Presumed Malicious

Front ARTICLE 354 REQUIREMENT FOR PUBLICITY

Defamatory Imputation Presumption
Back Every Defamatory Imputation is Presumed to be Malicious, Even if it be True.

The PRESUMPTION is rebutted if it is shown by the accused that –
1. The defamatory imputation is true, in case the law allows proof of the truth of the imputation (see Art. 361);
2. It is published with good intention;
3. There is justifiable motive for making it.

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