Criminal Defamation

SC	Freedom of speech is not absolute right Section 499 and 500 of IPC maximum two year jail Hurting someone's reputation When reputation is harmed man is half dead Right to reputation is intrinsic in U/A 21 Article 21 if interpreted in such a broad manner then it swallow up the whole chapter of FRs There is a fine line between constructive criticism  and harm to reputation
Issue	Against the freedom of speech
For keeping criminalized	Defamation is Against the Right to Reputation (SC) Constitutional (Reasonable Restriction) under article 19 Increasing level of inappropriate language and intolerance Civil defamation was considered more dangerous than criminal defamation Rich can misuse Poor cannot afford Reputation: Cannot be compensated in term of money Allegation without substance must be penalised Political parties Individual rivalries Media Trials: some time really wrong so must be punished Business allegations and To maintain Constitutional Fraternity and Solidarity (deterrence to anti-social elements)(SC)
Against criminalization	Anti-Constitutional Free Speech Arbitrary restriction rather than reasonable restriction How the right to reputation can be extended to collectives like governments , corporation and institutions Against the Vibrant Democracy: Affects democratic accountability (Invariably shield for public servants, political leaders, corporations, and institution against critical scrutiny as well as question form media and citizens) Every Criticism may be concluded as dissent Misused against Civil Society Media like TN Jayalalita Retrograde and out of tune with the times Sri Lanka, UK, Zimbabwe had decriminalised International Covenant on Civil and Political Rights : decriminalise Honest Mistakes may also be punished
Challenges	Access to information Honest Mistakes
Way ahead	Parliament may scrap it Information and transparency for
Conclusion	There is need to balance between right to reputation and right to freedom of speech Honest mistake as a defence must be included Media: Self Regulation Equality, Fraternity and liberty cannot be divorced from each other and have no value on their own. Sensitize the Judiciary to prevent Misuse