| Syllabus: GS-II, Subject: Polity, Topic: Rights Issues, Issue: Defamation and Freedom of speech and expression |
Defamation:
- Defamation involves damaging one’s reputation publicly and communicating defamatory statements to others.
- Civil defamation encompasses libel (written) or slander (spoken), as per tort law.
- In criminal cases, defamation must be proven beyond reasonable doubt, as per Section 499 and 500 of IPC.
Relevant case laws:
- In ‘Subramanian Swamy vs. Union of India’, SC upheld IPC Sections 499 and 500, citing protection of reputation under Article 21.
- ‘Kaushal Kishore vs Union of India’ emphasised restrictions on free speech must align with Article 19(2).
- Section 66A of The IT Act, 2000 was invalidated in ‘Shreya Singhal vs. Union of India’ due to ambiguity and violation of Article 19(1)(a).
Retweeting and defamation:
- Retweets can amplify online abuse, leading to significant harm due to rapid spread.
The Delhi High Court held that retweeting defamatory content can be liable under Section 499 IPC.
