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DEFAMATION LAW

                     DEFAMATION
WHAT IS DEFAMATION?

Defamation of any kind or damage to a person's reputation is called defamation.
 The right to social prestige or honor is a unique right of every person. The 
reputation of a person from a poor person to a great person is more 
valuable than his wealth. Everyone wants to maintain this social status at 
any cost and the law recognizes this right and gives it full protection. 
 It was also said that it takes years for a person to earn his respect and one 
minute is enough to lose respect. Every person in the society has the right 
to protect his reputation, reputation, fame and social honor from being 
hurt in any way and also if a person messes with his honor and beauty then 
he will be against the court ( Court).

 TYPES OF DEFAMATION

1. Libel: - Libel is an untrue defamatory statement that is made in writing. 
Libelous acts only occur when a statement is made in writing (digital statements 
count as writing).
2. Apland (slander): - The use of a defamatory utterance towards a person is 
called apocalyptic. Normally the apostles are made by verbal words, signs or 
latent sounds and the apocalyptic is addressed to the ears.

ESSENTIALS OF DEFAMATION
 Like every crime, there are also the essentials of defamation which are as follows.
1. Must be of derogatory remarks or statements.
2. There should be intention to offend.
3. Defamatory remarks or statements should be targeted by the plaintiff.
4. The publication of a statement or comment is a prerequisite, it is necessary for the plaintiff to be informed to someone else as well.
5. The statement should not be of general nature.

IMPORTANCE OF DEFAMATION LAW
 The importance of defamation laws to maintain a person's reputation and 
to protect his / her reputation is increasing day by day, although misuse of 
these laws is also increasing as the defamation laws are suppressed by 
political leaders and big corporate Houses are being used as a tool.
 Defamation Law is required because defamation cases have been 
increasing rapidly in India in the last few years. Political leaders are filing 
defamation cases against each other on unfounded reasons, after whichthe front party files a defamation case. Many deliberately fake statements, either written or oral, that impair a person's respect, or confidence; Or induces disapproving, hostile, or disagreeable opinions or feelings against a person.
 A person's reputation is a valuable asset to him in society, which often 
enables him to obtain material wealth. The most important feature of the 
constitution is the fundamental rights contained in it. One of the 
fundamental rights of the constitution includes Right to Life. It is the most 
important, human, fundamental, infallible, genetic right. This right naturally 
and rationally requires the highest security.
 According to the interpretation of the best court, many more rights are 
included in it under the right to life. It has an extended meaning in which 
right to human dignity, right to livelihood, right to health, right to health, 
right to pollution free air under right to live, Right to shelter, right to 
privacy, etc. 
 The framers of the Constitution were aware of the importance of Human 
Dignity and worthiness, so they included human dignity in the Preamble of 
the Indian Constitution. This clearly shows that it is the duty of every 
person to respect the dignity of others and not try to humiliate him.
 Our Supreme Court also made it clear in a 2016 case that Right to 
Reputation is an element of personal security and equally liberty property, 
right to enjoy life (Right) to the Enjoyment of Life). 
 Most jurisdictions have provisions for legal action against defamation, so 
that people do not criticize various types of defamation and baseless 
criticism.
 Social interest in free expression is based on the idea that there is no 
society without expression, because communication is the essence of sociallife. There needs to be a balance between the right to prestige and the right 
to freedom of speech and expression.

UNDER WHICH SECTION THE DEFAMATION CASE IS REGISTERED

Defamation law in India, Defamation as a crime is under as:
 According to section 499 of the Indian Penal Code, whoever utters or 
publishes any blasphemy about a person by words or signs or visuals 
intended to be spoken or read Hijacking or knowing or believing that there 
is reason to believe or publish that such person's fame will be hijacked. He 
can defame that person.
 Section 500 provides for punishment. Anyone who defames another person 
will be punished with simple imprisonment for a term of two years or with 
fine or both. The offense of defamation is non-negotiable and bailable 
which will be decided by the Sessions Court.
 Section 501 IPC: He may face imprisonment of up to 2 years or financial fine or both of these, for intentionally defaming someone.
 Section 502 IPC: Imprisonment of someone for his economic purpose can 
lead to imprisonment of up to 2 years or financial penalty or both of them, 
under Section 502.
 Section 505 IPC: Presenting any news, fact and report in such a way that 
any soldier and officer of Indian Water, Land and Air Force is ready for 
rebellion or rebellion. Any such misinformation that creates fear and fear inour society and people turn against the government. This accused person 
can be punished with imprisonment for up to 2 years or financial fine or 
both of them under Section 505.

CRIMINAL DEFAMATION UNDER SECTION 499 OF IPC

Criminal defamation entails proving a crime "beyond any doubt". Criminal 
Defamation under Section 499 of IPC - In simple language, under this law, the use 
of words, symbols, pictures etc. with the intention of defaming any person 
through oral or printed means of Indian Penal Code.
 Defamation can take place in two forms - in written form or in oral form. If 
someone is falsely accused or insulted in writing or in writing against them, 
it is called "inscription". When a derogatory statement or speech is made 
against a person. Which if people feel hatred or disrespect towards a 
particular person in their mind, then it is called "apocalyptic".
 Defamation against the state is contained in Section 124 A of the Indian 
Penal Code, which is called Sedition. Defamation against a community is 
contained in Section 153 of the Indian Penal Code, which is known as Riot.

 CRIMINAL DEFAMATION SUIT AGAINST ANCHOR ARNAB GOSWAMIOn July 5, 2017, 
Congress leader Shashi Tharoor filed a criminal defamation case 
against the editor of Republic TV Pradhan under sections 499 and 500 of the 
Indian Penal Code. Shashi Tharoor said in his complaint that Mr. Arnab Goswami, 
while broadcasting news related to the death of his wife Sunanda Pushkar, 
allegedly made derogatory remarks against her, which hijacked her reputation.

 WHAT IS CYBER ​DEFAMATION LAW?
Under Section 66-A of the Information Technology Act 2000, any person defaming someone using computer, internet or mobile from Facebook, Twitter, YouTube and other social websites and devices is called Cyber Defamation Law
 Imprisonment up to 3 years or fine or Both of these can be punished.

DEFAMATION AND JOURNALISM IN INDIA

 World Press Independence Day or World Press Day is celebrated on 3 May. 
India slipped two ranks on the World Press Freedom Index ranking last 
year. Compiled by Reporters Without Boarder (RWB), and Reporters Sans 
Frontiers (RSF), the 2018 World Press Freedom Index shows growing 
bitterness towards journalists.
 According to RWB or RSF report, out of 180 countries, India was ranked 133 
in the International Press Freedom Index in 2016, ranked 136 in 2017 and 
138 in 2018, indicating that the freedom of media to speak consistently is 
being pressed With increasing cases of media silencing, the rules that 
hinder press freedom need to be reviewed. The rivalry of media, openly 
encouraged by political leaders, is becoming a major threat to democracy.

DEFENSE AGAINST DEFAMATION

Some defenses against the offense of defamation are included.
Immunity - There are exceptions to the defamation defenses available to an 
accused of the offense of defamation. An accused of defamation can avoid 
criminal liability by taking recourse to any of the 10 exceptions to Section 499, but 
the burden of accomplishment will be on the accused.
The exception is as follows -
 Exception (1) - The stigma which is done or published for public welfare is true.
 Exception (2) - Goodwill expressed opinion about the conduct of public 
servant or goodwill expressed opinion in relation to modesty shown by the 
conduct of public servant.
 Exception (3) - The opinion expressed in good faith in relation to the conduct of
 a person or the modesty shown by such conduct at some point touching the public question.
 Exception (4) - The publication of a summary report of a court proceeding 
or such proceedings or such proceedings is not defamatory.
 Exception (5) - Good faithly expressed opinion is not defamatory on the 
merits of civil or criminal judgment. Good faith express opinion on the 
conduct or modesty of the party, witness or agent is not defamatory.
 Exception (6) - The opinion expressed in good faith on a work or the opinion 
expressed in good faith on the modesty of the creator of that work is not 
defamatory.
 Exception (7) - The goodwill in respect of a person authorized by the 
authority holder is not defamation.
 Exception (8) - It is not defamatory to plead in good faith before the 
authority.
 Exception (9) - It is not defamatory to defraud in goodwill for public welfare 
on the modesty of someone else to protect the interests of others.
 Exception (10) - It is not defamatory to warn a person in good faith towards 
another.
Journalists are given qualified privileges against defamation which means that 
they cannot be included in a defamation case unless the statements made by 
them have been used to defame someone.

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