DEFAMATION (Syllabus: GS Paper 2 – Polity)

Context: A Delhi court has upheld a month-long prison sentence awarded to social activist Medha Patkar (70) by another court in a criminal defamation case filed by Lieutenant Governor V. K. Saxena.

 Defamation

• Definition: Any false statement published or spoken deliberately, intentionally, knowingly with the intention to damage someone’s reputation.
• Categorisation: Defamation is categorised into two types libel and slander. 

o Libel is an untrue defamatory statement that is made in writing.

o Slander is an untrue defamatory statement that is spoken orally. 

o According to Indian Law libel and slander, both are considered to be criminal offences. 

o Such statements are to be made in public to constitute defamation. 

• Types: Defamation is an offence under both the civil and criminal law.
• Civil defamation: In civil defamation, false statements must be made without consent and cause damage to reputation. The statements must be defamatory, target a specific person or class, and be published in oral or written form to a third party 

o Defenses include truth, fair comments, and privileged statements. 

o Civil defamation allows for monetary compensation.

• Criminal defamation: Section 499 of the Indian Penal Code defines defamation and its exceptions. 

o Section 499:  Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.

o Section 500: Punishment for defamation- simple imprisonment for a term which may extend to two years, or with fine, or with both.

• Exceptions: Exceptions are provided under Section 499 of the Indian Penal Code, including truth made for public good, opinions about public servants, and statements made in public interest. 
• Constitutionality: Defamation laws in India have faced controversy regarding their compatibility with the right to free speech guaranteed under Article 19 of the Constitution.