Decriminalising Defamation: Protecting Free Speech from a Tool of Intimidation
UPSC Relevance
Prelims: Indian Polity and Governance (Fundamental Rights - Article 19, Article 21; Judiciary; Key Legislations - IPC/BNS).
Mains:
General Studies Paper 2 (Polity & Governance): Indian Constitution—significant provisions and basic structure; Fundamental Rights. The balance between fundamental rights is a core Mains topic.
General Studies Paper 4 (Ethics): Ethical dimensions of free speech; Probity in Governance.
Essay: Topics on Freedom of Speech, Democracy, and the role of dissent.
Key Highlights from the News
The article strongly argues that considering defamation as a criminal offense (criminal defamation) is not conducive to democratic debate, and it is time to decriminalise it.
The criminal defamation law is widely misused as a tool of intimidation to silence critics and for political vendetta.
Imprisonment for damage to one's reputation is a disproportionate remedy.
As a solution, civil remedies such as monetary damages and injunctions are more appropriate.
Although the Supreme Court upheld this law in the 2016 Subramanian Swamy case, the court itself now has concerns about its misuse.
Many democratic countries, such as the U.K., have already decriminalized criminal defamation. The article demands that India should follow that example.
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