Defamation laws in India - Protecting reputation and dignity

The holy Bhagvad Gita rightly states that "For a man of honour, defamation is worse than death". This holds true even in modern times where reputation is considered one of the most valuable assets one can possess. Reputation not only affects an individual but also their families and close ones.
In fact, the importance of social standing has been ingrained in our society since ancient times. As an Indian, I can vouch for the fact that reputation is highly valued in our culture, as evident from the saying "Ijjat hai toh sab hai", which translates to "Reputation is everything". Despite the rapid progress and extensive changes that we have witnessed over the years, the significance of reputation has remained constant.

History
It's disheartening to see that in India, where Goddess Sita is considered a symbol of purity and grace, her prestige has been questioned time and again.
Defamation, even though it was not formally acknowledged, has always existed in our society. The development of defamation laws in India can be traced back to the 19th century when Lord Macaulay introduced them in 1837. However, it's ironic that the British rulers really started these laws with the aim of safeguarding their own interests.
Article 21 in the Indian Constitution is a part of the fundamental rights and ensures a person's right to live with dignity, safeguarding their reputation, prestige, etc. Additionally, Article 19 of the Indian Constitution grants Indian citizens the right of freedom of speech. However, this right is not absolute as Article 19(2) mandates the state to enact laws imposing "reasonable restrictions," which include the defamation laws in India.

What Constitutes as Defamation?
Any false statement published or spoken deliberately, intentionally, knowingly with the intention to damage someone's reputation is defamation.
Defamation is categorised into two types written of liber and oral or slander are types of defamation. Libel is an untrue defamatory statement that is made in writing. Slander is an untrue defamatory statement that is spoken orally. According to Indian Law libel and slander, both are considered to be criminal offences. Such statements are to be made in public to constitute defamation.
Recently due to an increase in the use of the internet, people are able to express their views freely. Attacking a person's reputation on the internet or social media is termed as cyber defamation.

Global View
Due to increasing social media activities, the majority of nations can be seen enacting stricter laws for defamation, however Countries like Australia and New Zealand consider defamation to be a civil offence. In 1993, criminal defamation was outlawed in New Zealand.
Japan in the year 2022, introduced harsher penalties for criminal defamation, The punishment has changed from short-term detention and fines under 10,000 yen to one year in prison with the possibility of forced labour and a fine up to 300,000 yen. As courts typically award bigger damages in criminal defamation cases than in civil ones, they are more frequent than civil ones.

Defamation Laws in India
The Constitution of India grants its citizens with the fundamental right of freedom of speech subject to reasonable restrictions.
Defamation is defined under section 499 of the IPC and the punishment for it is dealt with in section 500. IPC defines defamation as any spoken, written, or visual statement about any person damaging their reputation.
Section 499 goes further and protects the rights of a deceased person, according to section 499 of IPC, defamation of a deceased person to be held, the statement must hurt the feelings of the family or close relatives, and it must damage the reputation of the deceased individual if the person were still alive.
The Hon'ble Supreme Court recently rejected a request for stay on the release of the film "Gangubai Kathiawadi" wherein the petitioner failed to established relation between him and Gangubai, the request was made by an individual who claimed to be Gangubai's adopted son in a defamation lawsuit, which involved the deceased Gangubai herself.
While section 499 of the IPC defines defamation, section 500 states punishment for the same.
According to section 500 any person who defames another person is subject to punishment, which shall include fine, or imprisonment which shall not exceed more than two years or both.

Defamation Under Law of Torts
Defamation is also punishable under law of torts. Here the punishment for the defendant is to pay the monetary compensation for legal damage suffered by the plaintiff.
In the case of Ram Jethmalani V. Subramanian Swamy 2006, Delhi High Court, the defendant made the "written final argument" in which Ram Jethmalani was claimed to have also obtained money from LTTE. The plaintiff brought a complaint against the defendant over such an accusation. It was held that the accused's statement was defamatory.

Defamation under Information Technology Act, 2000
Where the Constitution of India guarantees freedom of speech and expression to its citizens, social media can be seen as a free platform for a person to express their views, thoughts or opinion freely.
Injuring a person's reputation on the internet by making the use of social media is termed as cyber defamation.
For example: Publishing of a defamatory statement against a person on a social networking site such as Facebook, Twitter, Instagram etc., or sending of emails containing defamatory content about a person with the intention to defame them.
At times, when free speech runs contradictory to a person's reputation it becomes pertinent for the State to establish a boundary.
All defamation related criminal and civil laws are applicable to defamation done by use of social media. On the other hand, Section 79 of the Information Technology Act, 2000, states that an intermediary shall not be liable if it does not initiate or modify such defamatory content but merely acts as a facilitator.

Conclusion
As William Shakespeare wrote "Good name in men and women dear my lord, is the immediate jewel of their souls."
Reputation being the driving force behind human behaviour must be safeguarded and protected.
Every Person has the right to live with dignity as provided under Article 21 of the constitution of India, and to live with dignity, reputation must remain unharmed. Reputation being a jewel for every person, needs to be protected.
India has recently also seen a phenomenon of stand-up comedy wherein many a times humiliating and defamatory comments are passed under the guise of freedom of speech and humour, forgetting the limits set by reasonable restrictions. One such comedian Kunal Kamra is even facing contempt of court proceedings due to his statements against the Hon'ble Supreme Court.
With freedom of speech and expression every citizen has the right to express their views but with certain restrictions, the law to protect a person's dignity, and to maintain public order in the society have enacted these reasonable restrictions.
It should not only be the duty of the government to regulate speech, but it should also be a person's responsibility while enjoying their right of freedom of speech to not abuse the same.

Satya Muley
Satya is a leading Civil & Criminal Law lawyer from Western India.
He practices at Bombay High Court, the Supreme Court and Courts in Pune/Maharashtra & New Delhi.
For any queries or support in legal matters you can reach him at or at Contact Us
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