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Defamation law in India Explained

LegalKart Editor
LegalKart Editor 03 min read 800 Views
Last Updated: Feb 08, 2024
What is Defamation Law?

An individual's reputation is damaged when untrue comments about them are spread, according to the dictionary definition of defamation. Defamation is the purposeful, intentional publication or utterance of a false and untrue remark with the intention of damaging another person's reputation. A person's reputation is considered his property, and any harm to it is illegal. It might be spoken or written. Libel refers to defamatory written or typed information or images, whereas slander refers to defamatory spoken language. Roman law and Dutch law both have a long tradition of addressing defamation. In Roman law, abusive chanting was punished by death. In ancient English and German law, the punishment for insults was to have the tongue chopped out. Only the imputing of criminal activity, social sickness, or casting doubt on one's professional capacity comprised slander in England at the ending of the 18th century. Allegations of unchastity became unlawful after the Slander of Women Act was passed. Defamation laws in France were fairly strict. Ostentatious retractions of libellous material from newspapers were harshly punished, and the only valid defence when the publication included public figures was the truth. In Italy, defamation is illegal and is rarely justified by the facts. 

 

LEGISLATION AND CASES

The Constitution's Article 19 guarantees its people a number of liberties. Nevertheless, the reasonable restriction to Article 19(1)(a) has been established by Article 19(2). Among the limitations include contempt of court, defamation, and instigation to commit a crime. In India, defamation is a civil offence that can result in damages awards and a criminal offence carrying a prison sentence. 

The criminal law on defamation is codified in the IPC, 1860, although defamation is punished as a civil offence per tort law. Section 499 provides a definition of defamation, and Section 500 provides details on the penalty. Any verbal, written, or visual comment for another individual intended to harm their reputation is considered a defamatory act. If something is spoken about a deceased person and would be considered defamatory if the person were still living, then the remark may be considered defamatory. The group of people must include businesses or organisations. Unless the allegedly defamatory statement reduces the speaker's moral or intellectual integrity and the esteem for his class or profession in the eyes of people, it is not a defamatory remark. The actions of anyone commenting on a public performance or discussing any public concern are examples of exceptions and any representation of truth necessary for the public's good. 

Libel is the primary use of defamation in civil law. The statement being publicised against the person harms his standing in society. The assertions must be untrue and made without the permission of the putative victim of defamation. The defendant may be held liable for financial damages for defamation. For a defamation lawsuit to succeed, there are specific prerequisites. A person may be prosecuted to compensate the injured party for damages if the conditions below are satisfied: 

  • It has to be a disparaging remark.  

  • The comment must be about the plaintiff. 

  • A published remark of this nature is required.

There have also been some very prominent judgements on defamation, and one of them is the Subramanian Swamy  Versus Union Of India. According to the Supreme Court’s judgement in this case, the right to free speech is "a highly prized principle under the Constitution." Applying the idea of reasonable limitations, it was determined that "the right to freedom of expression is not unlimited, despite the broad and inclusive scope of freedom of speech. It is susceptible to the imposing of justifiable limitations. According to the court, a person's reputation is a crucial component of their right to life as guaranteed by Article 21 of the Indian Constitution. "One's reputation cannot be sacrificed on the shrine of another's right to free speech. The court declared its support for tolerance of critique, disagreement, and incongruence but declared that it had no room for libellous attack.

CONCLUSION

Everyone can benefit from having a good reputation. Such an asset can be lawfully repaired if it is damaged. Laws against defamation have been put in place to stop people from utilising their right to free speech and expression for malevolent purposes. To its credit, Indian law does not distinguish between libel and slander. Otherwise, there might have been opportunities to commit defamation and break the rule that nothing should be published in writing. A person cannot be defamed with the aim of harming them, and intentional acts of defamation are also punishable by jail. The right to free speech and expression is reasonably limited by defamation law, which is likewise constitutional. If the actions taken to fall under the listed exceptions, it is not defamation. There have been many defamation cases over the years, and the court has carefully examined each one of them. These cases now serve as standards.

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