In view of the recent case against The Wire, discuss the legal provisions regarding defamation in India. What is the case for decriminalization of this offense?

October 22, 2023 February 21, 2024

The ongoing defamation case against news website ‘The Wire’, has once again sparked the debate to decriminalize this offence, a demand expressed by the media community from time to time.

Background:

  • The Wire reported that members of the BJP routinely work with Meta, the company that owns Facebook and Instagram, to remove any content that is unfavorable to the BJP and Amit Malviya, the head of the BJP’s IT Cell.
  • It turned out that the allegations were based on questionable documents, which prompted the party and Amit Malviya to file a defamation lawsuit against the Wire.
  • The editors of The Wire claimed that they committed a “honest error,” for which they apologized and withdrew the news report.
  • In response, the BJP IT Cell leader invoked Sections 420, 468, 471, 465, 500, and 120B of the IPC against The Wire editors.

Legal provisions:

  • The spreading of a false assertion that undermines the reputation of a particular individual, company, item, group, government, religion, or country is known as defamation.
  • Defamation is both a civil and a criminal offense in India.
  • The Indian Penal Code, 1860, deals with criminal defamation under Sections 499 and 500. 
  • Anyone convicted guilty of defamation is subject to a two-year sentence, either with or without a fine.

Case for decriminalization:

  • It is seen as antithetical to freedom of expression.
  • According to the Supreme Court, the right to free speech is a “highly prized virtue under the Constitution.” 
  • The freedom of speech and expression is not absolute, as is true of other rights. It is subjected to the imposition of justifiable limitations.
  • According to SC, a person’s reputation is a crucial component of their right to life as guaranteed by Article 21 of the Indian Constitution.
  • Hence, one’s reputation cannot be sacrificed on the altar of another’s right to free expression.

Way forward:

Defamation goes against a person’s lifetime earned reputation, fame, and public image, all of which are considered valuable assets for an individual. The courts have correctly balanced the freedom of speech, expression with reasonable restrictions to that of the right to a life with dignity for an individual.

Topics: 

« »

Leave a Reply