The criminal defamation law, drafted in the nineteenth century to serve the interests of colonial powers, does a great disservice to the modern Indian citizen. Noida-based journalist Prashant Kanojia has become one of its latest victims.
After a Kanpur-based woman made claims about being in a relationship with the Uttar Pradesh chief minister Yogi Adityanath, Kanojia shared a video of her making these claims on social media. He was arrested, with the FIR against him reportedly registered under Section 500 of IPC (defamation) and Section 66 of the IT Act (computer-related offences).
A news anchor and an editor of a Noida-based news channel have also been arrested for a show featuring the woman’s claims. The Editors’ Guild has condemned these arrests as “authoritarian misuse of laws… an effort to intimidate the press and stifle freedom of expression.” Other media groups have also taken a position against the administrative overreach.
Remedy to harm to reputation should be sought through heavy damages in civil suits. Criminal provisions of the defamation law can have a chilling effect on the publication of free and independent news – because police jumps to frenetic action when people in power are confronted with unwelcome statements, often segueing from these provisions to slap on several other sections of the law. Such alacrity is never seen by the aam aurat or admi, their reputation never gets such a heavy-handed defense.
Read also: Delhi-based journalist detained for ‘defaming’ UP CM Yogi Adityanath