Introduction
Reputation is often valued as highly as wealth. One false statement, careless rumour, or viral social media post can undo years of hard work. Indian law recognizes this risk and provides remedies through defamation laws, which protect individuals, businesses, and even organizations against harm to their reputation.
While freedom of speech is a fundamental right under the Constitution, it does not give anyone the freedom to damage another person’s dignity or standing in society.
What is Defamation?
Defamation is the act of making or publishing an imputation (statement, sign, gesture, or representation) about another person that harms, or is likely to harm, their reputation.
For a statement to be considered defamation, certain conditions must be satisfied:
The imputation must be communicated to someone other than the person concerned.
It must lower the reputation of the person in the eyes of society.
It must be made with intention, knowledge, or reason to believe that it would cause harm.
Unlike common belief, a statement doesn’t always need to be “false” to be defamatory. Even truth can attract liability if not made for public good.
Types of Defamation:
● Libel (written/visual): False articles, posts, caricatures, memes.
● Slander (spoken/gestural): Verbal rumours, false allegations, insulting gestures.
Legal Provisions (Criminal Defamation - BNS 2023)
Under the new criminal code, Bharatiya Nyaya Sanhita, 2023 (BNS):
Section 356 – DefamationWhoever 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 to defame that person.Punishment: Imprisonment up to 2 years, or fine, or both.
The law also punishes those who:Print or engrave defamatory matter.Sell or distribute printed defamatory material.
Civil Defamation
Apart from criminal liability, victims can also pursue civil remedies under the law of torts.
Damages (compensation): Monetary claims for loss of reputation, mental agony, or business impact. Injunctions: Court orders to prevent publication or circulation of defamatory content. Limitation: Civil defamation suits must typically be filed within one year from the date of publication.
Common Examples of Defamation in Daily Life
● Posting untrue allegations on Instagram, Facebook, or WhatsApp.
● Circulating fake news about a competitor’s business.
● Publishing misleading reports in newspapers or online portals.
● Spreading office gossip about a colleague’s “wrongdoing” without evidence.
● Creating memes or edited videos to humiliate someone.
Defences Against Defamation
The law provides several exceptions to balance free speech with protection of reputation:
Truth for Public Good - True statements made in public interest.
Fair Comment - Honest opinions on matters of public concern.
Privilege - Absolute privilege for statements made in Parliament or courts, and qualified privilege for officials performing duties.
Good Faith Communications - Complaints or reports made in good faith to lawful authorities.
Landmark Case Law
Subramanian Swamy v. Union of India (2016): The Supreme Court upheld criminal defamation as a reasonable restriction on free speech, recognising reputation as part of Article 21 (right to life and dignity).
Remedies Available to Victims
Criminal Complaint: File before a Magistrate under Section 356, BNS, 2023.
Civil Suit: Claim monetary damages for harm caused.
Injunctions: Seek urgent orders to stop further publication.
Online Platforms: Approach intermediaries with takedown requests under the IT Rules, 2021, or seek court directions for removal.
Conclusion
In the digital age, where a single WhatsApp forward or tweet can reach millions within seconds, the law on defamation has become more relevant than ever. Defamation is both a civil wrong and a criminal offence in India.
Before you write, speak, or post - remember: Freedom of expression is a right. Damaging someone’s reputation is not.
