Almost three years after the Supreme Court dismissed petitions seeking to decriminalise defamation, there are fresh attempts to sanitise the law often used against political adversaries, journalists and activists to silence legitimate criticism. In its manifesto released on April 2, the Congress promised to decriminalise defamation to render it a mere civil wrong.
Rejecting the constitutional challenge launched by Congress president Rahul Gandhi, AAP chief Arvind Kejriwal and BJP leader Subramanian Swamy against Sections 499 and 500 of Indian Penal Code (criminal defamation), the top court had in May 2016 said: “Right to free speech cannot mean that a citizen can defame the other. Protection of reputation is a fundamental right. It is also a human right. Cumulatively it serves the social interest.”
A Bench headed by the then Chief Justice of India, Dipak Misra, had said: “One cannot be unmindful that right to freedom of speech and expression is a highly valued and cherished right but the Constitution conceives of reasonable restriction. In that context, criminal defamation, which is in existence in the form of Sections 499 and 500 of IPC, is not a restriction on free speech that can be characterised as disproportionate.”
Article 19(1)(a) of the Constitution guarantees right to freedom of speech and expression. But defamation is one of the eight grounds listed as reasonable restrictions on right to free speech under Article 19(2) of the Constitution. In simple language, defamation means harming someone’s reputation by making a false and derogatory statement against that person without any lawful justification. It can be by publication of spoken or written words or by visual representation and a single statement can result in both civil and criminal defamation. But to constitute criminal defamation, intention to harm reputation is a must. What is important is that even truth is not a complete defence in criminal defamation as it’s qualified by public good.
Section 500 of IPC prescribes a maximum two-year jail term and fine for criminal defamation.
Subodh Law College encourages students to prepare for the SLCET thoroughly to ensure success. Here are some free online resources to aid your studies: