In Defence Of The Offensive
7 years ago

In Defence Of The Offensive

Live Law  

While many detractors of the AAP sneered at Kejriwal’s “backtracking” for apologizing to politicians Nitin Gadkari, Kapil Sibal and Bikram Singh Majithia in the criminal defamation complaints filed against him, few realize that this was a political masterstroke on his part. The law of criminal defamation has been globally criticized since these cases are used for the opposite purpose for which the law was intended – to chill speech, used often as a counterblast. However, regardless of the decision of the Supreme Court, in reality, how has the law of criminal defamation been invoked? I ran a search over a sample of 20 reported cases of criminal defamation and that too only those before the Supreme Court.

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History of this topic

What is defamation in India? IPC Sections & notable cases
1 month ago

What is defamation in India? IPC Sections & notable cases

The Hindu  

Defamation refers to speaking or writing words, making signs, or publishing any information against someone with an intention to harm the said party. A defamation case is formed when the statement reveals identity, harms reputation, has demonstrably false statements, and intentions are proved. Libel refers to defamatory statements made in a permanent form, such as written words, images, or published …

What is defamation in India? IPC Sections & notable cases
1 month ago

What is defamation in India? IPC Sections & notable cases

The Hindu  

Defamation refers to speaking or writing words, making signs, or publishing any information against someone with an intention to harm the said party. A defamation case is formed when the statement reveals identity, harms reputation, has demonstrably false statements, and intentions are proved. Libel refers to defamatory statements made in a permanent form, such as written words, images, or published …

Filing Complaint Against A Person Before Lawful Authority Does Not Attract The Offence Of Defamation: Kerala High Court
4 months ago

Filing Complaint Against A Person Before Lawful Authority Does Not Attract The Offence Of Defamation: Kerala High Court

Live Law  

The Kerala High Court while quashing a case of defamation, observed that the complaint filed in the present case before a lawful authority which was enquired by it, will not attract an offence under Section 500 IPC. "Admittedly, in this case, a complaint is filed before the Chief Minister and before the Director of Pariyaram Medical College, where the 1st …

For Offence U/S 504 IPC, Insult Must Provoke Complainant To Breach Public Peace Or Commit Offence: J&K High Court
4 months, 2 weeks ago

For Offence U/S 504 IPC, Insult Must Provoke Complainant To Breach Public Peace Or Commit Offence: J&K High Court

Live Law  

The Jammu & Kashmir High Court, in a recent judgment, quashed the complaint and proceedings against an accused, holding that the provisions under Sections 504 and 506 of the Indian Penal Code were not substantiated by the complaint's allegations. Moreover, the complaint must specify the actual words used to insult.” The court emphasized that a mere assertion of insult without …

For Offence U/S 504 IPC, Insult Must Provoke Complainant To Breach Public Peace Or Commit Offence: J&K High Court
4 months, 2 weeks ago

For Offence U/S 504 IPC, Insult Must Provoke Complainant To Breach Public Peace Or Commit Offence: J&K High Court

Live Law  

The Jammu & Kashmir High Court, in a recent judgment, quashed the complaint and proceedings against an accused, holding that the provisions under Sections 504 and 506 of the Indian Penal Code were not substantiated by the complaint's allegations. Moreover, the complaint must specify the actual words used to insult.” The court emphasized that a mere assertion of insult without …

Law panel recommends to retain criminal defamation as offence
1 year, 1 month ago

Law panel recommends to retain criminal defamation as offence

Hindustan Times  

The 22nd Law Commission has recommended the retention of criminal defamation as an offence within the schemes of criminal laws in the country, emphasising that not all utterances and publications are worthy of protection of the free speech rights. The report has come close on the heels of the Parliament approving the Bharatiya Nyaya Sanhita, 2023, which aims to replace …

Law Commission Of India Recommends Retaining Offence Of Criminal Defamation, Says It Deters False & Malicious Statements
1 year, 1 month ago

Law Commission Of India Recommends Retaining Offence Of Criminal Defamation, Says It Deters False & Malicious Statements

Live Law  

In a recent development, the Law Commission of India has recommended in its 285th Report dated January 31, 2024 that the offence of criminal defamation should be retained in the new criminal laws.The Report says that the right to freedom of speech and expression on one hand, and the right to reputation on the other, have to be harmoniously construed …

Allegations In Complaint Made In Good Faith To Lawful Authority Cannot Attract Offence Of Defamation : Supreme Court
1 year, 7 months ago

Allegations In Complaint Made In Good Faith To Lawful Authority Cannot Attract Offence Of Defamation : Supreme Court

Live Law  

The Supreme Court quashed a defamation case against a man accused of making defamatory allegations in his complaint before Sub Divisional Magistrate.It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with regard to the subject-matter of accusation, the bench of Justices J B Pardiwala …

Mere Fact That Defamatory Statement Was Earlier Made In A Pleading In Court Is No Defence For Repetition: Bombay High Court
1 year, 9 months ago

Mere Fact That Defamatory Statement Was Earlier Made In A Pleading In Court Is No Defence For Repetition: Bombay High Court

Live Law  

Publication of a defamatory statement on the ground that a similar statement was mentioned in a judicial pleading is not a valid defence to justify repetition of that statement, the Bombay High Court has held. The mere fact that the defamatory statement might have been made in a pleading/affidavit filed in the course of judicial proceedings does not give any …

Weaponising the defamation law: A closer look at the Rahul Gandhi verdict
1 year, 11 months ago

Weaponising the defamation law: A closer look at the Rahul Gandhi verdict

The Hindu  

Published : Mar 27, 2023 17:03 IST - 10 MINS READ According to an apocryphal story from the erstwhile Soviet Union, a peasant stood in the market square and shouted that the minister for agriculture was a fool. Section 8 of the Representation of the People Act says: “A person convicted of any offence and sentenced to imprisonment for not …

Batting for free speech: On filing of defamation cases against press
4 years, 10 months ago

Batting for free speech: On filing of defamation cases against press

The Hindu  

A feature of public life in Tamil Nadu in the last three decades has been the indiscriminate institution of criminal defamation proceedings against Opposition leaders and the media. The verdict of Justice Abdul Quddhose, quashing a series of defamation complaints filed since 2011-12, is remarkable for applying a set of principles that would firmly deter the hasty and ill-advised resort …

Prashant Kanojia's arrest underscores need to revisit law on criminal defamation, restrictions on right to free speech
5 years, 9 months ago

Prashant Kanojia's arrest underscores need to revisit law on criminal defamation, restrictions on right to free speech

Firstpost  

Much has been written about the recent arrest of journalist Prashant Kanojia by the Uttar Pradesh Police. Despite the procedural irregularities related to the arrest, the case presents yet another opportunity to revisit the law regarding criminal defamation, often used by the police in such cases to abuse the process. Criminal defamation has often been used to curb people’s freedom …

Supreme Court Of Lesotho Holds Criminal Defamation Laws Unconstitutional [Read Judgment]
6 years, 10 months ago

Supreme Court Of Lesotho Holds Criminal Defamation Laws Unconstitutional [Read Judgment]

Live Law  

Civil remedies for reputational encroachment are more suited for redressing such reputational harm, the court said.The Supreme Court of Lesotho has declared country’s as criminal defamation laws unconstitutional observing that ‘crime of defamation has no place in its current constitutional dispensation’.Justice MA Mokhesi in his 37 paged Judgment observed that Section 101- 104 of the. The Supreme Court of Lesotho …

High Court Of Kenya Strikes Down Criminal Defamation, Cites Indian SC Judgments
8 years, 1 month ago

High Court Of Kenya Strikes Down Criminal Defamation, Cites Indian SC Judgments

Live Law  

The High Court of Kenya at Nairobi on Monday struck down the offence of criminal defamation, holding it to be “unnecessary, disproportionate and therefore excessive and not reasonably justifiable in an open democratic society based on human dignity, equality and freedom.”Ruling the provision as being against the Constitutional principles, Judge John M. Mativo observed, “By now, I. The High Court …

SC Agrees To Examine Whether Corporate Bodies Can File Criminal Defamation Cases
8 years, 6 months ago

SC Agrees To Examine Whether Corporate Bodies Can File Criminal Defamation Cases

Live Law  

The Supreme Court’s verdict is expected to strike a careful balance between Article 19 of the Constitution and the right of corporate bodies to file criminal defamation case for alleged damage to reputation. Whether the impugned criminal defamation provisions of the IPC are reasonable restrictions pursuant to Article 19 of the Constitution of India serving a compelling state interest, with …

SC Agrees To Examine Whether Corporate Bodies Can File Criminal Defamation Cases
8 years, 6 months ago

SC Agrees To Examine Whether Corporate Bodies Can File Criminal Defamation Cases

Live Law  

The Supreme Court’s verdict is expected to strike a careful balance between Article 19 of the Constitution and the right of corporate bodies to file criminal defamation case for alleged damage to reputation. Whether the impugned criminal defamation provisions of the IPC are reasonable restrictions pursuant to Article 19 of the Constitution of India serving a compelling state interest, with …

Defamation law protects individuals
8 years, 9 months ago

Defamation law protects individuals

Live Law  

Defamation is an actionable offence according to the present law. The law of defamation as an offence recently survived an onslaught on it at the Supreme Court made on the ground that it violates the fundamental right of freedom of speech. The Supreme Court pointed out that when any imputation is per se defamatory, the burden of the aggrieved person …

SC upholds law on criminal defamation
8 years, 10 months ago

SC upholds law on criminal defamation

The Hindu  

In a judgment that holds far-reaching implications for political dissent and a free press, the Supreme Court on Friday upheld a colonial and pre-Constitutional law criminalising defamation. The 268-page verdict dismissed apprehensions, raised by personalities across the political spectrum and media organisations championing the fundamental right under Article 19 of the Constitution, that criminal defamation may have a chilling effect …

Breaking; Law on Criminal Defamation is not Unconstitutional; SC [Read Judgment]
8 years, 10 months ago

Breaking; Law on Criminal Defamation is not Unconstitutional; SC [Read Judgment]

Live Law  

“Freedom of speech and expression is not absolute. The concept of social interest has to be kept in mind when considering reasonableness of a restriction”.A two Judge Bench of the Supreme Court of India Today upheld the Constitutional Validity of Sections 499 to 502] of Indian Penal Code relating to Criminal Defamation. A two Judge Bench of the Supreme Court …

Supreme Court upholds validity of criminal defamation law
8 years, 10 months ago

Supreme Court upholds validity of criminal defamation law

The Hindu  

The Supreme Court on Friday upheld the validity of the criminal defamation law. The court pronounced its verdict on a batch of petitions including the ones by Congress vice-president >Rahul Gandhi, Delhi Chief Minister Arvind Kejriwal and BJP leader Subramanian Swamy challenging the constitutional validity of sections 499 and 500 of the Indian Penal Code providing for criminal defamation. As …

Muzzling criticism
9 years, 3 months ago

Muzzling criticism

The Hindu  

WHEN Ananda Vikatan, a popular Tamil magazine founded in 1926, decided to run a 30-week series titled Manthiri, Tanthiri, a critical performance appraisal of Ministers of the All India Anna Dravida Munnetra Kazhagam government in Tamil Nadu headed by Chief Minister Jayalalithaa, there were fears among the magazine’s senior journalists that the series would not go down well with the …

“Criminalization of Defamation acts as a Handcuff on the Freedom of Speech and expression”; Aravind Datar [Read the Written Submission]
9 years, 8 months ago

“Criminalization of Defamation acts as a Handcuff on the Freedom of Speech and expression”; Aravind Datar [Read the Written Submission]

Live Law  

Mr. Arvind Datar, appearing for Delhi Chief Minister Arvind Kejriwal before the Supreme Court in his petition challenging the constitutionality of the defamation provisions in the Indian Penal Code, has contended in his written submissions filed in Court- a copy of which has been seen by “Live Law”- that Sections 499 and 500 IPC and the procedure for prosecution under …

Why Criminal Defamation, a relic of colonial era, must go
9 years, 8 months ago

Why Criminal Defamation, a relic of colonial era, must go

Op India  

The timeless wisdom of the ancient Indian mantra Satyameva Jayate found in Mundaka Upanishad and meaning “Truth Alone Triumphs” was adopted as the National Motto of India. These sections on Criminal Defamation enacted in year 1860, penalise even “Truth” unless it is in “Public Good” whatever that imprecise, vague, pro-British colonial/Government policy term may mean. The purpose of not following …

Criminal defamation in IPC should be retained: Government tells SC |IndiaTV News
9 years, 8 months ago

Criminal defamation in IPC should be retained: Government tells SC |IndiaTV News

India TV News  

Criminal defamation in IPC should be retained: Government tells Supreme Court New Delhi: The provision for criminal defamation should be retained in the Indian Penal Code as a deterrent against defamatory actions, the Centre has told the Supreme Court.The Ministry of Home Affairs in its New Delhi: The provision for criminal defamation should be retained in the Indian Penal Code …

SC admits plea against criminal defamation
9 years, 8 months ago

SC admits plea against criminal defamation

The Hindu  

The Supreme Court on Friday sought the government's response on a plea filed by a media professionals’ organisation challenging the constitutional validity of certain provisions including penal laws on defamation. The court is already hearing similar pleas of political leaders like Rahul Gandhi, Subramanian Swamy and Arvind Kejriwal. They have challenged the validity of sections 499 and 500 of the …

Foundation of Media Professional challenges provisions penalizing criminal defamation in SC
9 years, 8 months ago

Foundation of Media Professional challenges provisions penalizing criminal defamation in SC

Live Law  

Senior Journalist Manoj Mitta has filed a Writ Petition before the Supreme Court of India for and on behalf of The Foundation of Media Professionals challenging sections 499 and 500 of the Indian Penal Code, 1860 and Sections 199 and 199 of the Code of Criminal Procedure, 1973 – penalizing criminal defamation - as being. Senior Journalist Manoj Mitta has …

Criminal defamation is a deterrent: Govt to SC
9 years, 8 months ago

Criminal defamation is a deterrent: Govt to SC

The Hindu  

Supporting criminalisation of defamation, the government told the Supreme Court on Wednesday that criminal defamation offers “some deterrence” to people from maligning others whereas civil cases take over 20 years and “nobody cares”. The submission was made by Attorney General Mukul Rohatgi in response to separate petitions filed by BJP leader Subramanian Swamy, Congress vice president Rahul Gandhi, Delhi Chief …

Supreme Court must show the way and strike down the criminal defamation law
9 years, 8 months ago

Supreme Court must show the way and strike down the criminal defamation law

Firstpost  

The Court must strike the imprisonment penalty in Section 500 down. If the Court decides to strike these provisions down, India will be in the unique position of having set aside a law of criminal defamation while even more anachronistic restrictions on the freedom of speech remain in its criminal statutes. Like other laws that restrict the freedom of speech …

State of criminal defamation
9 years, 11 months ago

State of criminal defamation

The Hindu  

The recent Shreya Singhal judgment of the Supreme Court that struck down Section 66A of the Information Technology Act, 2000 as unconstitutional, has opened up pathways for wider and more nuanced debates on free speech in India. Now under judicial scrutiny are Section 499 and 500 of the Indian Penal Code, 1860, pertaining to criminal defamation. The petitions contend that …

Defamation cases brought against media companies fall sharply
11 years, 4 months ago

Defamation cases brought against media companies fall sharply

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. A study by the legal information arm of Thomson …

Defamation cases brought against media companies fall sharply
11 years, 4 months ago

Defamation cases brought against media companies fall sharply

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. A study by the legal information arm of Thomson …

Court orders framing of charges against BJP's Gupta for defamation
11 years, 8 months ago

Court orders framing of charges against BJP's Gupta for defamation

India TV News  

New Delhi, July 1: A court here Monday ordered framing of charges against Bharatiya Janata Party leader Vijender Gupta in a criminal defamation complaint lodged against him by Delhi Chief Minister Sheila Dikshit. Metropolitan Magistrate Namrita Aggarwal said an offence of defamation was prima facie made out against Gupta and fixed the matter for July 27 for formally framing charges …

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