What is Defamation?
Historical Background
Key Points
8 points- 1.
Defamation is both a civil wrong (tort) and a criminal offense in India.
- 2.
Section 499 of the Indian Penal Code (IPC) defines defamation as any imputation made orally or in writing, intending to harm or knowing or having reason to believe that such imputation will harm the reputation of a person.
- 3.
Exceptions to defamation include truth (if it is for the public good), fair comment on matters of public interest, and privilege (e.g., statements made in Parliament).
- 4.
In a civil defamation case, the plaintiff (the person defamed) can seek monetary compensation for the harm caused to their reputation.
- 5.
In a criminal defamation case, the accused can be punished with imprisonment or fine or both.
- 6.
The burden of proof lies on the plaintiff to prove that the statement was false, defamatory, and published.
- 7.
The Supreme Court has upheld the constitutional validity of criminal defamation laws in India, balancing the right to freedom of speech and expression with the right to reputation.
- 8.
Defamation laws are subject to reasonable restrictions under Article 19(2) of the Constitution.
Visual Insights
Defamation: Civil vs. Criminal
Comparison of civil and criminal defamation in India.
| Feature | Civil Defamation | Criminal Defamation |
|---|---|---|
| Nature | Tort (private wrong) | Offense under IPC |
| Remedy | Damages/Compensation | Imprisonment or fine or both |
| Legal Basis | Common Law/Tort Law | Section 499 IPC |
| Burden of Proof | Plaintiff must prove harm | Prosecution must prove guilt beyond reasonable doubt |
Recent Developments
5 developmentsIncreased use of defamation laws to silence critics and journalists.
Debates on the chilling effect of defamation laws on freedom of speech and expression.
Challenges to the constitutional validity of criminal defamation laws.
Impact of social media on defamation and the spread of false information.
Supreme Court guidelines on defamation and the need to protect journalistic freedom.