What is criminal defamation?

Damaging a person’s reputation may be considered as a criminal offence of defamation under Section 499 of the IPC. If you deliberately make or publish any claim about someone, with the intention to harm his/her reputation, this can be considered as criminal defamation. A person’s reputation is harmed when other people’s opinion about a person goes down because of a claim or accusation. A person can be degraded by a statement if such a statement:

Is the freedom of speech restricted by criminal defamation?

Every citizen has the fundamental right to freedom of speech and expression, provided by Article 19(1) of the Constitution . You might think that making a statement about another person is part of your right to free speech. However, the right to speech can be restricted for certain reasons. In Subramanian Swamy v. Union of India , the Supreme Court stated that criminal defamation is a reasonable restriction on free speech, because the protection of reputation is a fundamental and human right. The Court confirmed that the right to reputation is a part of everyone’s fundamental right to life under Article 21 of the Constitution. It held that the society is a collection of individuals, and what affects individuals also affects the society, as a whole. Hence, it is valid to treat defamation as a public wrong.

What is the punishment for criminal defamation?

The punishment for committing criminal defamation is imprisonment for up to two years and/or a fine.

Does the law punish defamation of a person who is deceased?

In this case, Vibhor Anand has also been accused of defaming the image of a dead person, particularly Disha Salian, regarding whose death he was reported to have posted several lurid theories. Interestingly, the law does cover punishment for defaming the dead. A person can be punished for defamation if he/she makes a claim that would harm a dead person’s reputation, with the intention of hurting the feelings of the deceased’s family members. Explanation 1 to Section 499 of the IPC expressly acknowledges this, and therefore, allows the family members of legal representatives of the dead person to file a criminal complaint regarding such a defamatory statement.

If a person is accused of defamation, what are the defences they can claim?

The offence of criminal defamation has certain exceptions. Sometimes, even a statement that affects the reputation of another person is not considered to be defamatory. For example, it is not defamation to claim anything which is true about another person, when the statement needs to be made or published for the sake of public good. Essentially, a person cannot be punished for criminal defamation if his/her statement is truthful and made for the sake of public interest or public good. Whether the statement is made for public good or not is a question of fact, and can be decided by the court based on the circumstances of the case. All people are allowed to express sincere opinions about the conduct of public servants in performing official duties. Similarly, it is not defamation to genuinely express an opinion about the merits of a case which has been decided by a court, or about the conduct of any person as a party, witness or agent in such a case. The offence of defamation does not apply when a genuine opinion is sincerely expressed about the merits of any public performance of an artist or author. When an author’s work is submitted to the judgement of the public, any person can express sincere opinions about the work without risking a charge of defamation. For example, an actor or singer who appears on a public stage submits his acting or singing to the judgment of the public, and any member of the audience can express opinions about the performance.

Vibhor Anand Arrest: The Legal Patchwork Used to Tackle Fake News in India & Why It Needs to Improve

The Mumbai Police’s cybercrime division has arrested advocate Vibhor Anand for allegedly spreading fake conspiracy theories in connection with the deaths of actor Sushant Singh Rajput and talent manager Disha Salian.

He has also been accused of trying to defame Maharashtra Chief Minister Uddhav Thackeray and Tourism Minister Aditya Thackeray through his Tweets, Youtube videos and social media posts.

The advocate has been accused of violating provisions of the Indian Penal Code, 1860 (IPC) and the Information Technology Act, 2000 (IT Act). The offences that he has been accused of include defaming the image of a dead person, public mischief and obscenity.

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Vibhor Anand Arrest: The Legal Patchwork Used to Tackle Fake News

Here’s what the Mumbai Police have booked the lawyer for regarding his Sushant Singh Rajput conspiracy theories.

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Topics: Sushant Singh Rajput Case