Published on 20th March 2025
Authored By: Anjali Sharma
Techno India University
INTRODUCTION
Under Indian law, defamation can constitute both a civil and criminal offence. Section 499 (Criminal Offence) of the Indian Penal Code states: “Whoever by word, sign or visible representation utters any falsehood or statement against any person which brings the repute of that person into disrepute shall be guilty of an offence”.
DEFINATIONS
Civil Defamation:
Civil defamation is a tort, a civil offence that harms a person’s reputation. It is based on legal standards. The main purpose of public defamation is to provide compensation to the victims, usually financially, for damage to their reputation.
Criminal Defamation:
On the other hand, criminal damage is punishable under Sections 499 and 500 of the Indian Penal Code (IPC). It is an offence punishable by imprisonment, fine or both. Criminal sanctions are designed to punish the perpetrator and deter others from committing similar offences.
Under Section 499 of the Indian Penal Code, whoever, with intent to cause injury to any person, by words spoken or intended to be read, signs or visible representations, commits any offence or publishes any defamatory statement against such person or knows or has reason to believe that such defamation will harm the reputation of such person, then such defamation shall be deemed to have been made against such person, except as provided below. These include “perception of truth” which must be guided by “public interest” and therefore report on the public conduct of government officials, the conduct of a person in relation to public matters and the merits of the case. Section 500 provides for the punishment for defamation as follows: “Whoever defames any person shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.” critic A person can file a suit in the High Court or in the lower court and claim damages from the defendant. Also, under Sections 499 and 500 of the Indian Penal Code, a person found guilty of the offence is liable to imprisonment for two years.
Exceptions to Section 499 of the Indian Penal Code
First Exception: Facts disclosed or published in public interest.
If the facts disclosed or published in public interest relate to facts about other persons, there is no defamation. Whether there is public interest or not is a question of fact. In order to prove whether a statement is made in public interest, the question has to be asked whether the statement is partly or wholly for the purpose of providing public service.
Second Exception: Public Integrity
Any opinion expressed in good faith about the behaviour or attitude of an employee while performing his/her duty is not considered criticism, provided that this behaviour is clearly and individually stated.
Everyone has the right to express his/her opinions about the actions of public officials that concern him/her as a citizen of the country, as long as the statements he/she makes do not include discrimination. In order for an investigation to be fair, it must be based on facts. Unless proven otherwise, no injustice or dishonesty can be alleged about the behaviour or work of the person criticized.
Third exception: A person’s behavior is affected by a public question
It is not a lie to express an opinion that the conduct of a person in question is fair and to respect his character only if he acts in accordance with his character, is revealed in such behaviour. Public relations professionals who deal with politics or other issues affecting public opinion may be exposed to positive criticism.
Comparative Advertising: Commercial Advertising is a form of speech, and “commercial speech” is protected under Section 19(1)(a) of the Freedom of Speech, and Expression Act. Comparative advertising is a form, of advertising in which one party promotes its product and service by comparing it with another. Marketers are entitled to boast about the technological advantages of their products over their competitors. But they cannot do this by diminishing the quality of their competitors’ products. Negative marketing is not allowed if it is an advertisement or a competitors’ product.
Fourth Exception: Publication of Court Decisions.
The accurate publication of the results of a court proceeding or a court decision This is not a bad word. The Court of Appeal has the right to report without prejudice the fair and accurate facts of the events before it.
Fifth Exception: Best of Court Decision or Conduct of Witnesses and Others.
Consideration of the merits of all evidence in good faith, a court of law, whether civil or criminal, has decided the case. The character of a party, witness or attorney is clear when it comes to his conduct or the conduct of that person. Every character is open to question. But criticism must be positive and honest.
Exception Six: Value of Public Performance
A good faith belief in the value of an author’s public performance or the authors’ character is not defamatory, and the purpose of this exemption I to assist the public in evaluating public performance. Any public performance may be lawfully criticized, provided it is in good faith and justified. Good faith need not be unjustified under this exception, but must be observed.
Seventh Exception: Claims which enable one person to have a legitimate claim against another.
Not all claims, whether imposed by law or by legal contract, which enable one person to have a legitimate claim against another are libelous. The conduct of others affects matters of policy, provided that the law in question is relevant to the situation at hand. But any abuse of this right shall be a crime. Even if a man complains to the court about the conduct of his servant, he shall be punished if he publishes his complaint in the newspaper. A person may be protected shall be a crime. Even if a man complains to the court about the conduct of his servant, he shall be punished if he publishes his complaint in the newspaper. A person may be protected by the law of the publication of a decree of excommunication, provided that it is limited to what is necessary to achieve an authorized purpose, such as rebuking a member of a religious order or informing those within the jurisdiction of the orders.
Defences against defamation.
According to the law, not every statement that damages a person’s reputation is slander. Therefore, there are certain defences that a defendant who is falsely accused of slander can use. These are:
Trial Based on Facts: Truth is the truth that is proven to be good in the eyes of the law. If the defendant’s statements contain true information, they are not considered slander. The burden of proving the truth of the claim lies with the defendant.
Fair and honest statements: If the statements are fair, in good faith and in the public interest, they are not defamatory. The basic requirements for a fair and honest review are: They must be based on facts. When pursuing the truth, it, must be a comment or criticism, not a statement of fact. Topics must be fair and honest.
Legal comments: Some comments are not considered proper or illegal under the law. There are two types of legal rights: Indefensible: Gives a person the right to say anything, even if it is defamatory. These rights include speech in judicial or judicial proceedings, political speech and peer- to – peer communication.
Relevance – This refers to situations where a person has a legal, social or moral right to make a statement. For example, words spoken during a police investigation or when giving information to a job applicant are not defamatory. For example, someone might make a critical comment a writer. Even if that were the case, it would not be fraud.
LEGAL PROCEDURES
Civil Defamation:
The legal process of a civil lawsuit involves the plaintiff filing a lawsuit in court. The plaintiff must prove that the defamatory statements exist and that they damage his reputation. The defendant may respond by pleading the truth, making a fair argument, or asserting a legitimate interest. The Court will then make a decision based on the evidence presented and award compensation if the plaintiff wins the case.
Criminal Defamation:
In criminal law, the process is usually carried out by the state or the injured party filing a law suit. The case is heard in Criminal court, and the prosecution must prove guilty beyond a reasonable doubt. The defendant has the right to defend himself and present evidence in his favour. If found guilty, the defendant may be sentenced to imprisonment, a fine, or both.
Freedom of Speech and Reasonable Restriction
Under Article 19(1)(a) of the Constitution of India, 1950, every citizen has the right to freedom of speech and expression. It ensures the smooth functioning of democratic process. But in some exceptional scenarios, statement against any person which brings the repute of that person into disrepute shall be guilty of an offence”. These can result in serious punishments like imprisonment or heavy compensation.
CASE LAW
The defamation law was challenged in the case filed against Subramanian Swamy v. Union of India[1]. Some say defamation is a restriction of freedom of expression and speech. However, the Supreme Court ruled that defamation does not violate Article 19(1)(a) because it is a reasonable restriction and does not constitute discrimination or prejudice. This is an important limitation of Article 21 of the Constitution, which provides for the protection of personal honour and reputation.
CONCLUSION
India’s defamation law is an important tool to protect a person’s reputation and balances the right to freedom of expression with the right to protect a person’s dignity from harm. Discrimination is considered a civil and criminal offence under Section 499 and 500 of the Indian Penal Code and remedies can be sought through civil suits and prosecutions, which are illegal. However, the law still recognizes certain exceptions that protect freedom of expression within certain limits, such as telling the truth, public figures entering public service, and honest opinion. While the legal framework provides strong protections, the application of defamation laws in India raises concerns about abuse, particularly in the context of freedom of expression, political discourse, and freedom of the press. Therefore, while laws are important for maintaining social order and personal integrity, they must also be used in a balanced manner to prevent abuse an ensure that they do not interfere with freedom of expression or important debates in a democratic society.
REFERENCES
[1] Subramanian Swamy v. Union of India (2016)7 SCC 221.
