“Accusations are convictions in the public mind. You are guilty until proven innocent.”~ Coben
Words and opinions might not be physical invasions of a person or property, yet they assault the inherent dignity of a person. Law recognises that it isn’t pleasant to be looked upon as a hypocrite based on baseless rumors, tainted truth, distorted descriptions of you and sarcastic remarks about youin the hand of others. Huber presents, through his works, how everyday disregard of human dignity is a root cause of violence in all spheres. The Hon’ble Supreme Court of India too has time and again construed the right of reputation as a natural human right, deriving essence from Article 21 of the Constitution of India. These reputation rights are granted as defamation laws, the remedy for which is packaged as both civil suits and a criminal remedy for defamation. However, the defamation laws are said to curtail ‘Freedom of Speech’, stifle the opposition, and curb genuine dissent. Luminaries like Mr Arvind Kejriwal, Mr Subramanian Swamy and Mr Rahul Gandhi had challenged the constitutional validity of Sections 499 and 500 of the Indian Penal Code, that considers defamation as an offence and prescribes a criminal punishment for it. Conclusively, the Supreme Court had heldthe relevance of criminal liability in cases of defamation in the light of reasonable restrictions to ‘Freedom of Speech’enlisted under Article 19.
To make a person liable for defamation two ingredients must be satisfied- ‘untrue’ imputation must be made and the imputation must be of such a nature that it has a ‘tendency to cause harm’ to the repute of another. Court had stated in Paras Das’s case (1969) that the essence of the offence lies in the fact that-“The remark of another can cause a description of pain which is felt only by the person who knows he to be the object of unfavorable sentiments of his fellows.” Indian law permits seeking compensation for defamation at the Civil Court and allows a criminal remedy too, that makes defamation punishable with a maximum of two years of imprisonment. Defamation would only be construed when a false imputation doesn’t just get made but also gets ‘published’, meaning thereby that the statement must have been heard or read by someone other than the person about whom it is made. Personal chats/ e-mails/ letters hence are barred from its purview, until read by someone other than the recipient, in which case it becomes ‘published’.
To ensure a harmonious relationship amongst the two - Fundamental Rights to Speech andFundamental Rights to Repute and Life, defamation laws have enumerated a strict periphery. The privileged statements from court proceedings, bonafide opinions of an individual or his business based on his evident professional conduct, merits of public performance, censures passed by one’s teachers or parents and those in lawful authority are all exceptions to the claim of defamation. Defamation only lies in those cases where the imputations lower the intellectual, moral character and credit of a person. Making a statement, that allows the other to believe that a person’s body is in a disgraceful state, is defamatory too.
It is pertinent to know the legal aspects of defamation so that not only can we protect our dignity in the eyes of others and get the infringers prosecuted but also to become cautious and responsible with our speech. Social media has given us enormous opportunity to reach out to the masses in minutes, however, we must remain extra careful while executing our freedom of speech and expression. There is an urgency to keep in check the tweets, statuses and comments made online. Even ‘liking’ certain defamatory remarks, in the cyber space, must be done at one’s own peril. Memes and prank calls can also have a defamatory color to them. It must be noted that the offence of defamation is easily provable by testimonial evidences. Robert Greeneville has rightly remarked- “Do not leave your reputation to chance or gossip, it is your life’s artwork and you must craft it, hone it and display it with the care of an artist.” Reputation is built by earnest hard work and efforts; therefore, one must not deter to even knock the doors of the justice system to safeguard it.
(The author is an advocate at the Delhi High Court)
Disclaimer: The views expressed above are the author's own and do not reflect those of DNA.