Why in News:

Recently, an Member of Parliament was sentenced to two years in jail in a  Defamation Case over his remarks about another political leader by the Surat Court.

What is Defamation

• It is an injury to the reputation of a person resulting from a statement that is false.
• Anyone who feels he or she has been wrongly accused of something by someone in public, through words or gestures, spoken, written, or by inference can file a defamation suit in a court of law claiming that the accusation levelled deals a blow to his/her reputation.

Defamation essentially must fulfil the following requirements:

1. The statement must be published (both oral and written forms publication)
2. The statement must lower the estimation of the person (damaging to the reputation of the person against whom charges have been made)

Respective sections of IPC:

• Section 499 of the IPC elaborates on how defamation could be through words – spoken or intended to be read, through signs, and also through visible representations.
• These can either be published or spoken about a person with the intention of damaging the reputation of that person, or with the knowledge or reason to believe that the imputation will harm his reputation.
• Section 500 stipulates imprisonment of up to two years, with or without a fine, for someone held guilty of criminal defamation.

Types of defamation:

There are two types of defamation in India: Civil and Criminal.

1. Civil defamation: Under this, a person who is defamed can move either High Court or subordinate courts and seek damages in the form of monetary compensation. There is no punishment in the form of a jail sentence.
2. Criminal Defamation: Under this, the person against whom a defamation case is filed might be sentenced to two years’ imprisonment or fined or both.

Arguments against defamation law/ Concerns

1. Against Freedom of speech and expression
2. Used For harassment
3. It goes against the global trend of decriminalizing defamation.

Note:

According to Supreme Court:

• The Reputation of an individual, constituent in Article 21 is an equally important right as free speech.
• The criminalization of defamation to protect individual dignity and reputation is a “reasonable restriction”.

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