Defamation

We frequently hear the phrase “defamation case” used by YouTubers, comedians, and others. What is defamation? Isn’t it a violation of free speech when people are prosecuted for saying something? Can false statements be used to bring a case? Did you know that a person convicted of any defamatory offence can be imprisoned for two years? Section 499 and 500 of the IPC define defamation as a criminal offence, granting the court the authority to render a verdict based on judgement. What exactly is the difference between a civil wrong and a criminal offence? This article may be able to answer all of your questions.

What Is Defamation?

In legal terms, defamation means “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.”

In simple words, defamation means doing or saying something against someone which causes harm to that person’s reputation. Speaking ill of someone or making false and malicious statements about them comes under the concept of what is defamation. 

For example, Rahul created a video about Aman in which he spread false information about him. In this case, anyone who watches the footage may believe Rahul’s words and form a negative opinion of Aman. In such a situation, Aman has the option of filing a defamation suit against Rahul.

Types of Defamation

There are two types of defamation: libel and slander.

• Libel defamation occurs when a person is defamed through written articles, photographs, or films, all of which are permanent and have a wider reach. The consequences of such defamation are more severe and cause more harm to the person’s reputation because it can last for a longer period.

• Slander defamation is done verbally or through gestures. This type of defamation is not as severe and can result in civil proceedings.

Both libel and slander defamation are criminal offences in India. Defamation is punishable with simple imprisonment of a maximum of two years, a fine, or both.

What Is the Difference Between a Civil Wrong and a Criminal Offence?

Civil wrongs are offences that can settle in courts or tribunals through monetary compensation, but only if the person who has been defamed decides to go to court. The issue of imprisonment is not raised.

A criminal offence refers to a crime that the court can only resolve through imprisonment or a fine. Sections 499 and 500 of the Indian Penal Code allow the person who has been wronged to file a court case against the person whose reputation or goodwill is damaged.

Defamation and Free Speech: Contradictory?

Article 19 of the Indian Constitution grants us the right to express ourselves freely through freedom of speech, whereas defamatory speech is a criminal offence. This has been one of the most trending controversial topics, sparking debate over whether Section 499/500 of the IPC should be declared unconstitutional.

Recently, there have been numerous reports of people filing defamation lawsuits against actors, YouTubers, comedians, and others, and some of them have been imprisoned.

Arguments for Why IPC 499/500 Should Be Declared Unconstitutional

1. According to Section 499/500, a person can be charged with defamation even if he makes a statement about the dead. If the deceased’s relatives file a defamation case, the person may be sentenced to prison if found guilty.

2. According to the section’s provisions, “even truth is not a defence,” this means that even if a person has spoken the truth, he can be charged with defamation if someone finds it offensive. And whether or not the statement is defamatory is at the sole discretion of the Magistrate or court, making it more judgemental and subjective.

3. Section 499 applies to “any imputation concerning any person,” which means that a high-ranking public official can be sued for defamation and have it accepted. Even though it is a good thing because it shows that everyone is treated equally in the eyes of the law, the above statement can be abused by many politicians by filing false cases against their competitors to tarnish their reputation.

4. Defamation proceedings can be carried against someone who has made no verbal or written statements. The allegation that the defendant conspired with the person who created the allegedly defamatory written comments is enough for a magistrate to issue a criminal procedure.

Conclusion

Defamation is an approach to ensure that no one hurts a person’s reputation or attempts to create a false public perception of the person who has been defamed. The legal provisions concerning defamation have both advantages and disadvantages. On the one hand, it provides relief to those who are genuinely affected by it, but some people may abuse the provisions for their gain, making this topic very contradictory and debatable.