Trouble for communicators - Law of Defamation

 

Freedom of speech and expression has been guaranteed by the constitution of India under Article 19(1)(a). But the same constitution under 19(2) puts reasonable restrictions.

We as communicators have to make sure that we do not type, print, publish or make any video or audio that is defaming someone, unless it is truth or done in good faith. If we do, we can be dragged to court under law of defamation.

IPC 499 states that “Whoever, by words either spoken or intended to be read, or by signs or by visible representations, 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, except in the cases hereinafter expected, to defame that person”.
There are certain parts which are exceptions and will not be taken as defamation. If it is done in good faith, or for public good, or a part of a legal procedure or done by a public servant as a part of his duty.

IPC 500 is the punishment for defamation- simple imprisonment upto two years, or fine, or both.
IPC 501 for printing or engraving materials that can defame someone and IPC 502 is for sales of such products.

There are two forms of defamation: Slander – made in transcient form (ex -spoken) and libel – made in a permanent form (ex-printed)

The two types of cases that can be put up under defamation: Criminal and Civil. The major differences are as follows.
Criminal: IPC to be read with respective parts from the Code of Criminal Procedure. It has to be proved that defendant had motive behind defaming someone.
Civil: The motive isn’t necessary, but it has to be libel. It can only draw fine and not jail term.

It will be interesting to know, that a lot of defamation cases ended when the defendant agreed to its mistake and apologised in the proper format and publicly. But it would be wise not to get into a trouble at all.

Note: This article is not made to teach students of law. It is just for information and includes basics of defamation, that can help one understand about it, when read with common sense. This cannot be used for legal purposes or produced in court as a source of information about the law. Please check out IPC (1860), Code of Criminal Procedure (1973) and Defamation under Law of Torts for legal measures.