Defamation

Defamation

Subject: Polity

Context: The Delhi court acquitted journalist Priyamani of criminal defamation charges for raising voice against sexual harassment against Ex-Minister M J Akbar.

Concept:

• Defamation is the oral or written communication of a false statement which harms the reputation of an individual person, business, product, group, government, religion, or nation.
• Under Indian legal jurisprudence defamation can both be a civil wrong and a criminal offence. However, they differ in objectives they seek to achieve.
• A civil wrong tends to provide for a redressal of wrongs by awarding compensation. A criminal offence provision seeks to punish a wrongdoer and send a message to others not to commit such acts.

Legal Basis of defamation in India

• Section 499 of the Indian Penal Code (IPC) defines defamation and it says,
• defamation could be through words, spoken or intended to be read, through signs, and also through visible representations.
• It also provides for exceptions: “imputation of truth” which is required for the “public good” and thus has to be published, on the public conduct of government officials, the conduct of any person touching any public question and merits of the public performance.
• Section 500 of IPC provides for punishment for defamation:“Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
• Civil defamation is based on tort law (It does not rely on statutes to define wrongs but takes from ever-increasing body of case laws to define what would constitute a wrong).

Supreme interpretation of defamation:

• Subramanian Swamy vs Union of India case 2014: It approved the Constitutional validity of sections 499 and 500 (criminal defamation) in the Indian Penal Code, underlining that an individual’s fundamental right to live with dignity and reputation “cannot be ruined solely because another individual can have his freedom”.
• In August 2016, the court also passed strictures on Tamil Nadu Chief Minister J Jayalalithaa for misusing the criminal defamation law to “suffocate democracy” and, the court said, “public figures must face criticism”.
• In current ruling the court held that the right of reputation (part of right to life and dignity) can’t be protected at the cost of right to life and dignity of women.