Sixth Exception -Merits of public performance: It is not defamation to express in good
faith any opinion respecting the merits of any performance which its author has submitted
to the judgment of the public, or respecting the character of the author so far as his
character appears in such performance, and no further.
Explanation: A performance may be submitted to the judgment of the public expressly or
by acts on the part of the author, which imply such submission to the judgment of the
public.
Illustrations
(a) A person who publishes a book, submits that book to the judgment of the public.
(b) A person who makes a speech in public, submits that speech to the judgment of the
public,
(c) An actor or singer who appears on a public stage, submits his acting or singing to the
judgment of the public.
(d) A says of a book published by Z. "Z's book is foolish; Z must be a weak man. Z's book
is indecent; Z must be a man of impure mind." A is within this exception, if he says this in
good faith, Inasmuch as the opinion which he expresses of Z respects Z's character only
so far as it appears in Z's book, and no further.
(e) But if A says: I am not surprised that Z's book is foolish and indecent, for he is a weak
man and a libertine. A is not within this exception, inasmuch as the opinion which he
expresses of Z's character is an opinion not founded on Z's book.
Seventh Exception -Censure passed in good faith by person having lawful authority
over another: It is not defamation in a person having over another any authority, either
conferred by law or arising out of a lawful contract made with that other, to pass in good
faith any censure on the conduct of that other in matters to which such lawful authority
relates.
Illustration
A Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a
head of a department censuring in good faith those who are under this orders; a parent
censuring in good faith a child in the presence of other children; a schoolmaster, whose
authority is derived from a parent, censuring in good faith a pupil in service;' a banker
censuring in good faith, the cashier of his bank for the conduct of such cashier as such
cashier are within this exception,
Eight Exception -Accusation preferred in good faith to authorised person : It is not
defamation to prefer in good faith an accusation against any person to any of those who
have lawful authority over that person with respect to the subject matter of accusation.
Illustration