Defamation is a legal issue that affects the reputation of a person in a society where reputation is highly valued. Defamation has taken on new dimensions as the digital era has started which have created challenges for both legal systems and individuals.
This article explores the definition, types, and legal remedies for defamation in India, the differences between libel and slander, and the delicate balance between defamation laws and the right to free speech.
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Definition and Types of Defamation
Defamation in India is recognised under both civil and criminal law. It is a wrongful or untrue statement that harms the reputation of an individual. Below mention are the essentials of defamation:
- False Statement: The statement must be false.
- Publication: The statement must be shared with someone other than the person who is being defamed.
- Injury to Reputation: The statement must damage the reputation of the person against whom it is made.
Defamation can be broadly categorised into two types:
- Libel: Libel is defamation in a permanent form, like written words, printed materials, or published images. Libel also includes defamatory content posted online, such as social media posts, blogs, or articles.
- Slander: Slander is a type of defamation that happens when defamatory things are said about someone through spoken words or gestures. Slander is not recorded or made permanent as it can happen in conversations, phone calls, or any situation where the words are spoken but not written down or saved.
Difference Between Libel and Slander
Both libel and slander are types of defamation, but the difference is in how it is expressed. Libel is defamation in a permanent form, like something which is written or published and can be shown as evidence in the court. However, Slander is defamation in a temporary form, usually spoken which makes it difficult to prove in the court.
Another important difference is how reputational harm is considered. In case of libel, it is assumed that the defamatory statement has caused harm, so the person who was defamed might not need to show actual damage caused due to the defamatory statement. But with slander, the person has to prove that the defamatory statement harmed the image of theirs in the eyes of the society.
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Legal Remedies for Defamation
In India, a person can get remedy for defamation through two primary legal methods: civil and criminal.
Civil Defamation
In civil law, defamation is considered a tort or civil wrong. A person who is defamed can file a lawsuit for monetary compensation for the damage done to the reputation. Law of Torts is the law which deals with civil defamation in India which allows the defamed person to get damages for the injury to their reputation.
Other types of remedies are:
- General Damages: These damages are given for the harm to reputation, mental suffering, and emotional distress caused by the defamatory statement. The court decides the amount based on the severity of the defamation and how much it affected the person who was harmed.
- An Undertaking Not to Republish: A legal promise by the defendant to not republish or repeat the defamatory statements.
- An Injunction: A court order stopping either temporarily or permanently the defendant from making defamatory statements.
- An Apology: A public acknowledgment by the defendant where they admit to the defamation and expressing regret over hurting the plaintiff's reputation.
- A Retraction: A formal withdrawal of the defamatory statement by the defendant where the defendant makes a public statement that the original claim was false.
Criminal Defamation
Criminal defamation is covered under Sections 356(1) of the Bhartiya Nyaya Sanhita(BNS) (previously under section 499 and 500 of the Indian Penal Code (IPC). Section 356 defines defamation as an act of making or publishing any statement about a person that is intended to harm the reputation knowing that this will harm it.
Section 356(2),(3) and (4) of the BNS prescribes punishment for criminal defamation, which can include imprisonment for up to two years, a fine, or both, or community service.
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Defamation vs. Free Speech
Defamation at times concerns the right to free speech, which is protected under Article 19(1)(a) of the Indian Constitution. However, this right is not absolute and can be limited by reasonable restrictions under Article 19(2), which includes the prevention of defamation.
The challenge is finding a balance between protecting a person's reputation and allowing free expression. Indian courts have given importance to the freedom of speech but this should not cover making false and harmful statements about others. In the key case of Subramanian Swamy v. Union of India (2016), the Supreme Court supported criminal defamation laws. The Court held that protecting the reputation of a person is crucial for their dignity and is protected as a fundamental right under Article 21 of the Constitution.
Filing a Defamation Case
To file a defamation case in India, the party harmed can either choose civil or criminal proceedings. The following steps are typically involved:
1. Civil Defamation Case:
- Gather Evidence: Collect all evidence related to the defamatory statement made by the defendant. This can be written records, screenshots, or any other record showing that the statement was made and it had harmed the reputation.
- Consult a Lawyer: Get advice from a lawyer who is an expert in defamation cases. They will help you understand your case, evaluate the evidence, and guide you through the legal procedures.
- Draft a Complaint: Your lawyer will draft a formal complaint to be submitted in the court. This complaint can contain a detail of the defamatory statement, its impact on your reputation, and the damages you are seeking.
- File the Complaint: Submit the complaint in the appropriate civil court.
- Court Proceedings: Attend court hearings and at times you will have to present the evidence and argue your case.
- Receive Judgement: If the court gives judgement in your favour, you will receive an award for damages. The amount will be determined based on the evidence and the harm caused.
2. Criminal Defamation Case:
- Collect Evidence: Similar as the civil case, you will have to gather all important evidence of the defamatory statement.
- File a Complaint: Visit the local police station and file a First Information Report (FIR) under Sections 356(1)of the BNS as this section deals with criminal defamation.
- Police Investigation:The police investigate the complaint by collecting more evidence and interviewing witnesses. If they find enough evidence, they will prepare a charge sheet and submit it to the court.
- Court Hearing: Attend the court hearings where both parties will present their evidence. The court will determine whether the accused is guilty of criminal defamation.
- Punishment: If the court finds the accused guilty, they may face punishment, which can include imprisonment for up to two years, a fine, or both, or community service.
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Role of Social Media Platforms
In the digital age, social media platforms have become a common platform where defamatory statements are made. The Information Technology Act, 2000 (IT Act), along with the rules and guidelines issued under it, regulates the liability of intermediaries, including social media platforms.
The rise of social media has also started the debates on the responsibility of platforms in stopping defamatory content. Courts in India have said that the platforms cannot be held liable for all content but they must take measures to prevent the spread of defamatory material.
Conclusion
Defamation laws in India are made to protect individual reputations while protecting the right to free speech. With The increase of digital media, punishment under these laws have become more complex and tough because courts have to go through the challenges presented by online platforms. In the end, defamation laws are a reminder that while freedom of expression is a fundamental right, it must be exercised with responsibility and respect for the dignity and reputation of others.
Frequently Asked Questions (FAQs)
1. Can truthful allegations be considered defamation under BNS?
Exception 1 of BNS states that truthful allegations are not defamation if made for the public good.
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2. What are the exceptions to defamation under BNS?
Under section 356 exceptions are cases for public good, opinions on public servants or public questions, reports of court proceedings, opinions on case outcomes, opinions on performances, censure by authorities, protection of interests, and cautionary statements.
References
Written by Chandra Kant Singh
Aspiring lawyer with a passion for justice and a strong foundation in organisation, communication, and problem-solving skills. Currently pursuing a B.A.LL.B. (Hons.) degree at RMLNLU, where I am actively involved in moot court and NegMed competitions. Eager to leverage my skills and academic background to contribute to a dynamic legal environment and make a positive impact on society.
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Further Reading
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