The Supreme Court of Delhi has requested the Delhi Police and G-News to respond to the accusations by Mahua Moitra, a deputy to the Trinamor parliament who has slandered and charged them in the defamation case of the news broadcaster. The publisher.
The incident is related to Ms. Moitra’s speech on "The Seven Signs of Fascism" at Congress on June 25, 2019, as well as television broadcasts on news channels and other subsequent developments.
Zee News has filed a defamation proceeding against Moitra for alleged statements made against the broadcaster.
What is Defamation?
- Defamation is the transmission of false statements that damage the reputation of an individual, company, product, group, government, religion, or country.
- In India, Defamation can be both civil and criminal.
- The difference between the two lies in the goals we pursue.
- Civil injustice usually provides for injustice through a ruling of damages, and criminal law aims to penalize the offender and send a notice to others not to do so.
Criminal Defamation is clearly defined as a criminal offense under Section 499 of the Indian Criminal Code (IPC).
Civil Defamation is based on tort law, a field of law that does not rely on the law to define tort but uses more and more jurisdictions to define what is unjust.
Section 499 states that Defamation can be done through words, verbal or reading, signs, and visual expressions.
Section 499 also shows an exception. Since this includes the "true credit" required for "public goods," it is necessary to publicize the public conduct of civil servants, the conduct of those who come into contact with public issues, and the benefits of the performance. Section 500 of the Indian Penal Code, which takes care of the defamation penalties, states: "Anyone who defames another person will be punished with imprisonment for up to two years, a fine, or both."
Given the slowness of legal proceedings in India, the proceedings themselves are punishable, regardless of the merits of the proceedings. Critics argue that defamation law violates the fundamental right to expression and freedom of expression and that Defamation of citizens is an appropriate remedy for such fraud. Criminal Defamation has a devastating effect on society. For example, nations force media and political opponents to self-blame and use it as a means of unfair detention.
What did the Supreme Court say?
In the 2014 Subramanian Swamy-India Union proceedings, the court upheld the constitutional validity of Articles 499 and 500 (Defamation) of the Indian Criminal Code, the basis of those who live with dignity and fame. The court emphasized that Defamation cannot be ruined, "Just because others can have his freedom."
In August 2016, a court restricted Tamil Nadu's Prime Minister J. Jayalalithaa from using the criminal defamation law to "suppress democracy."
The topic of Defamation in UPSC is important for mains paper.