1)Whether Senator Ms. Hadian is liable for defamation under defamation
ordinance?
Not Liable:
1. Section 6 Def Ordinance (Absolute privilege); Art 66 Const (parliamentary
privileges), Art 14 (Freedom of speech)
2. Matter of public importance, Sec 5(b)(c) Def Ordinance (Nbs report:
400/500 miscarriages by expert docs!)
3. Medical Malpractice (Assistants wanted to suspend operation)
4. Faquo did not file the suit within 2 months as per Sec 8 Def Ordinance
5. The Appeal to High court must be made within 30 days as per Sec 15 of Def
Ordinance (if order of dist court given in oct but appeal filed in on
December 29?)
Liable :
1) Absolute privilege not applicable as the statement was leaked and not
ordered to be published as stated in Sec 6 of def ord.
2) Since the statement was leaked, it could have been expunged by the
chairman before the official publication of proceedings. Thus, holds no real
value.
3) Statement filled with personal grudge , malice
4) Senator’s statement was false (majority docs commented in favor of Faque
after the incident)
