What is Defamation?

• Defamation means harming someone’s reputation by making a false and derogatory statement against him/her without any lawful justification.
• It can be by spoken words (slander) or written words (libel) or visual representation (posters/banners).
• To constitute defamation, publication of the alleged statement is a must.
• A single statement can give rise to both civil and criminal defamation.
  • Criminal defamation is codified in the Indian Penal Code sections 499 and punishment of up to two years in jail is prescribed in Section 500 IPC. Intention to harm reputation is must for criminal defamation.
• Even truth is not a complete defence. It is imperative to prove that the alleged defamatory statement was made for public good.

Why in News?

• The 22nd Law Commission has recommended that criminal defamation should be retained within the scheme of criminal laws in India.
• In its report, the Law Commission argued that the right to reputation is derived from Article 21 of the Constitution that guarantees the right to life and personal liberty and that is why it has to be protected.

https://www.thehindu.com/news/national/law-commission-recommends-retaining-criminal-defamation-within-the-scheme-of-criminal-laws/article67805792.ece