Defamation

• 25 Sep 2025

Source: TH

Why in News? 

A judge of the Supreme Court of India highlighted the need to decriminalise defamation, citing concerns over its increasing misuse by political leaders and private individuals to settle personal and political disputes.

What is Defamation?

• About: Defamation is the act of speaking, writing, publishing, or making signs against someone with the intention to harm their reputation. 
  • It can concern a living person, a company, association, or group, or a deceased individual, with harm to the deceased considered in terms of its impact on their family or close relatives.
• Types of Defamation:
  • Libel: Defamatory statements made in a permanent form, e.g., writing, images, published works.
  • Slander: Defamation through spoken words or temporary expressions.
  • Courts interpret defamation subjectively, based on proof and circumstances.
• Regulation in India:
  • Indian Penal Code (IPC) Sections 499 & 500 (now Bharatiya Nyaya Sanhita, 2023): Defines defamation and prescribes its punishments.
    • Defamation can be criminal or civil, depending on severity and evidence. Criminal cases require strong proof and the presence of reasonable doubt.
  • Criminal defamation serves as a stronger deterrent than civil penalties, upholds public interest in protecting reputation, and safeguards vulnerable groups from discrimination or hate speech.
• Judicial Pronouncement:
  • Subramanian Swamy Vs. Union of India, 2016: The upheld the constitutional validity of criminal defamation. It ruled that protecting reputation is part of the fundamental right to life under Article 21.
    • Criminal defamation under IPC was held to be a “reasonable restriction” on free speech under Article 19(2).
    • Article 19(2) of the Indian Constitution permits the State to impose “reasonable restrictions” on the right to freedom of speech and expression.

What is the Need to Decriminalise Defamation?

• Prevent Misuse: Criminal defamation is often used by individuals or political figures to settle personal or political scores. 
• Protect Freedom of Speech: Criminal defamation threatens free speech and press freedom. Decriminalisation would reduce the chilling effect on journalists, activists, and citizens expressing opinions.
• Civil Remedies are Sufficient: Reputation can still be protected through civil defamation suits without criminal penalties. Many democracies like the US treat defamation as a civil matter rather than a criminal offense.
  • Reputational harm is a civil injury; imprisonment is excessive and violates the principle of proportionality.
• Judicial Economy: Criminal cases add to the already massive backlog in courts; civil remedies are more efficient and less burdensome.

What Measures Can Strengthen Defamation Laws While Protecting Free Speech in India?

• Decriminalise Private Defamation: Restrict criminal liability only to matters of public interest or national security, shift private disputes to civil law.
• Strengthen Civil Remedies: Fast-track courts for defamation cases, clear compensation norms, and alternative dispute resolution for quicker justice.
• Define Clear Standards: Re-examine the 2016 judgment in light of present misuse and provide judicial or legislative guidelines to distinguish fair criticism, satire, and irony from malicious defamation.
• Safeguard Press Freedom: Introduce protections for journalists, whistleblowers, and researchers acting in public interest.
• Prevent SLAPP Suits: Enact anti- strategic lawsuit against public participation (SLAPP) legislation to stop misuse of defamation cases by powerful individuals or corporations.
• Awareness & Media Literacy: Educate citizens on responsible speech and remedies available without resorting to criminal cases.

Conclusion

Defamation remains a complex issue where free speech and reputation often collide. Any change must weigh the risk of silencing criticism against the need to protect dignity, demanding cautious, well-researched reforms.

Drishti Mains Question:

Q.  Analyse the misuse of defamation laws and its impact on democratic discourse.

UPSC Civil Services Examination, Previous Year Question (PYQ):

Mains

Q. What do you understand by the concept of “freedom of speech and expression”? Does it cover hate speech also? Why do the films in India stand on a slightly different plane from other forms of expression? Discuss. (2014)