Why in the news?

• The Supreme Court of India has remarked that it is ‘high time’ to  reconsider the criminalisation of defamation.

Criminalisation of Defamation

• What is Defamation?: Defamation means harming a person’s reputation through words, writings, signs, or visible representations.
• Legal Provisions Deal with Defamation:
  • Bharatiya Nyaya Sanhita (BNS), 2023: Section 354 of the BNS 2023 defines defamation and prescribes punishment, which includes simple imprisonment for up to 2 years, a fine, or both.
• Arguments in Favour of Criminalisation:
  • Right to Reputation: Recognised as part of Article 21 (Right to Life).
  • Deterrent Effect: Prevents reckless false allegations and malicious speech.
  • Balance with Free Speech: Reasonable restriction under Article 19(2).
  • Maintains Social Harmony: Prevents defamatory statements that may cause unrest.
• Arguments Against Criminalisation:
  • Chilling Effect: Threat of criminal trial discourages dissent, satire, and investigative journalism.
  • Disproportionate Penalty: Criminal sanction is excessive for a private wrong; civil remedies are more proportionate.
  • International Norms: Countries like the UK (2009) have decriminalised defamation.
  • Scope for Misuse: Often invoked by powerful individuals and governments to silence criticism.
  • Burden on Courts: Adds to pendency in the criminal justice system.
• Judicial Stand:
  • Subramanian Swamy v. Union of India (2016):
    • SC upheld the constitutional validity of criminal defamation.
    • Stated that the “right to reputation” is an intrinsic part of Article 21.
• Way Forward
  • Decriminalisation & Strengthening Civil Remedies: Damages, retractions, apologies.
  • Safeguards for Free Speech: Stronger protection for fair comment, media, satire.
  • Fast-Track Civil Adjudication: Reduce pendency and ensure timely justice.
  • Awareness & Ethics: Encourage responsible journalism without silencing criticism.