DEFAMATION

About:

• At present defamation is both a
  • civil wrong (under it, person can be sued for monetary compensation) and
    
    
  • criminal offence Sections 499 and 500 in the IPC, 1860 (it invites imprisonment up to two years).
    
    
  
  
  
• Petitions have been filed to decriminalize defamation.
  
  
• Arguments against criminal defamation: UN Special Rapporteur on freedom of expression has told states to abolish it as it –
  • intimidates citizens,
    
    
  • dissuades them from exposing wrongdoing,
    
    
  • is against their democratic opinion
    
    
  • has Potential to be Misused by govt. to curb criticism by media and political opponents. E.g. In May 2015, Delhi CM told his departments to file cases against news items which are defaming him.
    
    
  
  
  
• Grounds cited by Centre in SC in July 2015 to justify the continuance of Sections 499 and 500 of IPC –
  • citizens are unlikely to have enough liquidity to pay damages for civil defamation;
    
    
  • online defamation in the Internet age can be countered only by making it a criminal offence,
    
    
  • constitutionally valid as defamation is a “reasonable restriction” under A-19 (2)
    
    
  • Criminalizes only those speech having no social utility, only aim is harm reputation
    
    
  • Need to protect the right to live with dignity of citizens under Article 21
    
    
  • there are safeguards in Section 499 to prevent misuse
    
    
  • Sections 499 and 500 are not vague
    
    
  • Mere possibility of abuse cannot be a ground to strike down law