SC upholds law on criminal defamation

Dismissing a batch of petitions, the Supreme Court has upheld the law on criminal defamation. The court has observed that the law is constitutionally valid and said the law has a “chilling effect” on free speech.

What else has the court said?

• It observed, “Sections 499 and 500 of the Indian Penal Code make defamation a criminal offence. A person’s right to freedom of speech has to be balanced with the other person’s right to reputation and therefore the two Sections are necessary.”
• It also rejected an argument that defamation could become a criminal offence only if it incited to make an offence. It said that defamation had its own independent identity, which has enabled the state to maintain a balance between fundamental rights.
• The court also pointed out the distinction between sections 499 and 500 on one hand and section 66A (prosecution for obscene social posts) of the Information Technology Act on the other, saying the latter was struck down by the apex court on the ground of vagueness and procedural unreasonableness.

Background:

The ruling was delivered on a petition filed first by Bharatiya Janata Party (BJP) politician Subramanian Swamy against provisions criminalizing defamation. Congress vice-president Rahul Gandhi and Delhi chief minister Arvind Kejriwal, among others, later became parties to the case. They now have to face criminal defamation proceedings initiated against them.