What Is Defamation?

In today's world, information about anyone spreads easily, due to which defamation has become very common today. If someone says or writes something against another person’s reputation, that is called defaming someone. Therefore, the Government of India has made a law related to defamation, which aims to enhance the dignity and reputation of individuals by protecting the freedom of speech and expression.

Today in this article, we will cover the Indian defamation law and defamation case punishments. We will also look at the legal provisions, the procedures, and the consequences under different laws.

What Is Defamation?

The offence of defamation is a false statement of fact made that injures the reputation of the subject. It can be written as words, published as articles, or as social media posts. Defamation destroys the reputation of its victim and tarnishes his social standing, professional career, and dignity.

However, free speech is one of the national and human rights guaranteed under Article 19(1)(a) of the Indian Constitution, and therefore balancing these rights makes it a complex issue.

But not all negative statements qualify as defamation - true criticism made in the public interest or in good faith is not punishable.

Types Of Defamation

Defamation in India can be categorized into two broad types: Civil Defamation and Criminal Defamation. However, each type has its own legal procedures as well as its own allowable consequences.

Civil Defamation:

Civil defamation occurs when the victim is seeking monetary compensation for damage done to his or her family name. Civil defamation claims are generally brought in civil courts, and the usual remedy is for damages.

A civil defamation case is based on the principles of tort law, while criminal defamation is prosecuted under the Indian Penal Code.

Key Points:

• Civil defamation’s purpose is to get money from the other side.
• The reputational injury must be proven by the plaintiff as the cause of the defamatory statement.
• The standard of proof is a balance of probabilities.

Criminal Defamation:

On the other hand, the Indian Penal Code (IPC) has provisions related to criminal defamation. If the accused is found guilty, he may face imprisonment, a fine, or both. While the case of criminal defamation is more serious as it has penal consequences, the prosecution has to prove that the accused had such an intention to harm the reputation of the complainant.

Key Points:

• Sections 499 and 500 of the IPC deal with criminal defamation.
• The point is that the prosecution has to prove the intention to harm the reputation of the victim.
• Imprisonment or fine, or both are the punishments.

People Also Read : Difference Between Civil & Criminal Defamation?

What Is Not Considered In Defamation?

Under the Indian Penal Code (IPC), 1860, the law of defamation in India states that it is a statement that accuses a person of conduct that has defamed another person or harmed his or her reputation. However, some statements are not defamatory. These include:

1. True Statements: Even if a person makes a true statement which is defamatory to another, it is not defamation.’ Defamation cases need no other defense than truth.
2. Fair Comment: There is freedom to communicate about a public issue in a way that is free and honest. Even if it's critical, a comment based on facts is protected, so long as it's not made for bad intentions.
3. Privilege: Some people have legal protection when they say something that someone might consider defamatory. This includes:

• Absolute Privilege: Statements made by judges and members of parliament in their official capacity or statements by persons involved in government are protected.
• Qualified Privilege: As long as the person making the statement does so in good faith about an issue of public interest, such as a journalist or public figure, is protected. But if you make the statement knowing it is untrue with the wrong intent (i.e., with malice), you are not exempt from this protection.

4. Innocent Dissemination: A person cannot be sued for making a defamatory statement to defame, provided they failed to understand its defamatory character. However, if it could be shown that it was defamatory in the first place, they would not avail themselves of this defence.
5. Statements of Opinion: If your opinion goes too far, it may not be ethical, but it is not defamatory. Opinions are not considered harmful unless they are presented as facts.
6. Self-Defence: Even if the statement appears to be defamatory, it will not be so if it is made to explain or defend oneself.

Key Elements Of Defamation

If a victim wants to file a defamation case, then they have to prove some elements, then it will be valid.

• False Statement: The spoken statement must be false. If the spoken statement is harsh but true, then it doesn’t count in a defamation case.
• Publication: The statement must be published or communicated to at least one third-party person.
• Harm: The statement's intention must be to harm or tarnish the victim’s reputation
• Orally or Written: The defamatory statement must be spoken orally or written.

Laws Governing Defamation In India

Indian Penal Code (IPC) Section 499 and 500:

Defamation is an offense both civil and criminal in India. Sections 499 and 500 of the Indian Penal Code (IPC) basically govern criminal defamation.

1. Section 499: It describes and defines defamation and explains how acts constituting defamation can be identified. This section provides that a person who makes or publishes any false statement with the intent to defame another person is guilty of defamation.
2. Section 500: It provides for the punishment for defamation. Under this act, the punishment for the offense of defamation constitutes defamation is imprisonment up to two years or a fine (not exceeding five hundred rupees) or both.

Freedom Of Speech And Article 19(1)(a)

Article 19(1)(a) of the Indian Constitution guarantees the right to freedom of speech and expression. This right is subject to reasonable restrictions, such as those designed to protect one’s reputation. According to Article 19(2), defamation is one of the reasonable restrictions.

Exceptions To Defamation Under IPC

The Indian Penal Code provides several exceptions where statements, even if defamatory, are not punishable:

• Public Conduct of Public Servants: Discharge of duties critiqued by an official is not defamation.
• Truth for Public Good: A statement when true and made for the benefit of the public is not defamation.

Defamation Case Punishments

Depending on the offense (whether it’s a matter of civil or criminal nature), punishment in India for the offense of defamation is determined.

Punishment Under Civil Law

In cases where someone slurs the reputations of others in civil defamation, the court has the right to deliver compensation to the victim for the lack that was caused in the reputation by the slanderous statement. The amount of compensation for dishonorable injury of individual reputation also depends on such circumstances as how grievous the injury was to the reputation of the plaintiff, the pecuniary condition of the defendant, and the design for the continuation.

• Compensatory Damages: This is by far the most popular defense in cases of civil defamation. The court awards damages to the victim because of damage to their reputation.
• Punitive Damages: In this, court may award punitive damages to further deter others from committing similar offenses.

Punishment Under Criminal Law

Section 500 of the Indian Penal Code sets down the penalties for criminal defamation, which are a punishable offense. The punishment can include:

• Imprisonment: Criminal defamation is punishable by no more than two years simple imprisonment.
• Fine: It may also order the accused subject to a monetary fine, which may be higher or lower according to the nature of the offense.
• Both Imprisonment and Fine: In some cases, the court will prescribe imprisonment as well as a fine.

Cyber Defamation

Cyber defamation is the false statements published and uploaded online to damage one's reputation. When disseminated digitally, it means that you have defamatory content, for example, malicious posts, comments, or social media updates, which can cause reputation damage. According to Indian law, Sections 499 and 500 of the Indian Penal Code (IPC) state that defamation either online or offline is punishable.

Within the realm of cybercrimes, both the Information Technology Act 2000 and the Information Technology (Amendment) Act 2008 deal with harmful online publications, and victims can also apply to the UAPA Act and Assault Act to seek remedies. The severity of the defamation determines what can be done to the defamer: fine, imprisonment, or both.

Filing A Defamation Case In India

Procedure For Filing A Defamation Case:

1. Consult a Lawyer: The first of its kind is to get legal counselling, and you need to prepare a complaint.
2. File a Complaint: Filing a complaint may be in criminal court under section 499/500 IPC and civil court for damages.
3. Present Evidence: Witness statements, defamatory contents, and proof of harm are present.

Documents Required For Filing:

• Complaint petition
• Evidence supporting the defamatory act
• Identity proof of the complainant
• Proof of harm caused

Time Limit For Filing A Defamation Case:

Under the Limitation Act, a defamation case has to be filed within one year from the date of publication of the defamatory statement.

People Also Read : How to File Defamation Case in India?

Landmark Defamation Cases In India

Several landmark cases have shaped defamation laws in India:

T.V. Ramasubba Iyer vs. A.M.A. Mohideen

In the case of Ramasubba Iyer v. A.M.A. Mohideen (1971), a newspaper named A.M.A. Mohideen published news that someone exporting scented incense sticks to Sri Lanka was arrested. The plaintiff (T.V. Ramasubba Iyer) was in the business of exporting incense sticks, and the plaintiff claimed that this caused him huge business losses.

He filed a defamation suit. But the newspaper said that the article was not about him, and they published a clarification the next day, stating that they had no intention to harm him. It ruled in favor of the newspaper because Indian law does not hold publishers liable for unintentional defamation.

Union Of India vs. Subramaniam Swamy (2016)

In this case, the Supreme Course discussed political defamation and its consequences on free speech and freedom of expression. In Subramanian Union of India vs. Swamy, the Supreme Court ruled that Sections 499 and 500 of the IPC are constitutional and also do not offend the right to freedom of expression under Article 19 of the Constitution.

Although people have the right to freedom of speech, this right can be limited in cases where this freedom harms someone's reputation. Article 21 protects the reputation of an individual. Therefore, the law weighs the freedom of speech versus freedom of expression to protect people from derogatory statements.

Conclusion

Indian defamation case punishment laws, with due respect, ensure a fine line between free speech rights versus personal reputation rights. There are civil and criminal remedies available in the legal framework, but the major problem is that these laws cannot be misused to suppress or restrict legitimate criticism or freedom of expression.

With the importance of digital platforms and social media, defamation laws keep changing, and courts in India continue to interpret them to ensure the protection of a person's dignity as well as free expression.

About The Author

Adv. Kanchan Singh is a practicing lawyer at the Lucknow High Court with 12 years of experience. She specializes in a wide range of legal areas, including Civil Laws, Property Matters, Constitutional Law, Contractual Law, Company Law, Insurance Law, Banking Law, Criminal Law, Service Matters, and various others. In addition to her legal practice, she is also involved in drafting litigation briefs for diverse types of cases and is currently a research scholar.