DEFAMATION

What is defamation?

Defamation is the communication of a false statement that harms the reputation of an individual person, business, product, group, government, religion or nation.

Defamation refers to destroying/harming the reputation by means of slander (speech), libel (written) or both.

In India, defamation can both be a civil wrong and a criminal offence.

Law relating to Defamation:

Criminal defamation has been specifically defined as an offence under section 499 of the Indian Penal Code (IPC).

A civil wrong tends to provide for a redressal of wrongs by awarding compensation and a criminal law seeks to punish a wrongdoer and send a message to others not to commit such acts. Civil defamation is based on tort law (an area of law which does not rely on statutes to define wrongs but takes from ever-increasing body of case laws to define what would constitute a wrong).

Section 499 states defamation could be through words, spoken or intended to be read, through signs, and also through visible representations.

Section 499 also cites exceptions. These include “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, which is on punishment for defamation, reads, “Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.”

History, philosophy and context of the concept:

History of defamation can be traced in Roman law and German law. Abusive chants were capitally punishable in Roman. In early English and German law, insults were punished by cutting out the tongue. In the late 18th century, only imputation of crime or social disease or casting aspersions on professional competence constituted slander in England. The enactment of Slander of Women Act added imputation of unchastity illegal. French defamation laws were very severe. Conspicuous retraction of libelous matter in newspaper was severely punishable and only truth is allowed as defense when the publication related to public persons. In Italy, defamation is criminally punishable and truth seldom excuses defamation.

Misuse of the law and concerns associated:

The criminal provisions have often been used purely as a means of harassment.

Given the cumbersome nature of Indian legal procedures, the process itself turns into punishment, regardless of the merits of the case. Critics argue that defamation law impinges upon the fundamental right to freedom of speech and expression and that civil defamation is an adequate remedy against such wrongs.

Criminal defamation has a pernicious effect on society: for instance, the state uses it as a means to coerce the media and political opponents into adopting self-censorship and unwarranted self-restraint.

What has the Supreme Court said?

In Subramanian Swamy vs Union of India case 2014, the Court 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”.

Shreya Singhal Vs. Union of India: It is a landmark judgment regarding internet defamation. It held unconstitutional the Section 66A of the Information Technology Act, 2000 which punishes for sending offensive messages through communication services.

Conclusion:

Reputation is an asset to each and every one. Any damage to such asset can be legally dealt with. Defamation laws have been enacted to prevent person maliciously using their right to freedom of speech and expression. An Intentional act of defamation is also punished with imprisonment which prohibits defaming a person with malice intention. The defamation law is also constitutional and is reasonable restriction on the right to free speech and expression. However, it is no defamation if the acts done fall within the exceptions provided. Over the seventy one years of Independence, there are has been numerous cases of defamation and the court has interpreted each and every case with utmost care and they serve as precedents.