SC rightly upheld criminal defamation

I heartily welcome the Supreme Court verdict upholding the constitutional validity of criminal defamation. It’s a victory of sorts for democracy & for the spirit of real – ‘Right to Speech.’ Free Speech is not a right to false or hate speech. Right to free speech can only be respected and protected, when it is not brazenly misused by slander and libel. All rights must come with responsibilities. Absolute rights, corrupt absolutely. Right to freedom of expression and free speech is no exception.
Article 19 of Indian Constitution provides for this right, and IPC 499 ensures it’s used responsibly. There isn’t anything wrong in ensuring one’s constitutional right to speech does not override other’s right to defend slander and libel.
It’s not just in India but across other democracies in the world, where right to speech is protected constitutionally through criminal defamation laws. These laws protect individual & institutional reputation, when the right to speech is abused or misused.
American Constitution protects right to speech through their First Amendment. It also clearly establishes the norm ‘Truth is the only defence against defamation,’ clearly drawing the line between right to free speech and slander. The history of criminal defamation laws in USA dates back to Pre American Revolution.
It’s no different in UK either. The criminal defamation laws existed from the 12th century and have been updated constantly as recently as in 2013, through their parliament passing Defamation Act of 2013.
The incumbent NDA government opposed the Supreme Court petition by several individuals and NGOs on their plea to ensure criminal defamation laws are annulled and made unconstitutional. I completely support the stand of the Indian government. And the Supreme Court in its verdict on 13th May 2016 ruled in favour of the Indian government.
Democracies function on electoral outcomes. The branches of State – Legislature, Executive & Judiciary – must function without hindrance caused by regular attack on the drivers of these branches by elements who disregard truth and facts. The cost of addressing baseless allegations, verbal slander, lies and libel can defeat the very purpose of democratically elected governments.
While democracies must allow fair comments and criticism, it must not endure baseless slander and libel with actual malice and with utter disregard to facts and truth. This endurance over time can transform democracies into anarchies.
Reputations of individuals, institutions and organisations are built over time with enormous resources and should not be destroyed through publishing or slandering with a clear intention to malign through pure lies and unsubstantiated allegations. Not having criminal defamation law to seek justice from wilful slander and libel can permanently damage the respect, legitimacy, credibility & the very spirit of Right to Freedom of Speech. Contemporary Indian politics, unfortunately, has lowered its political discourse. With the advent of parties like Aam Aadmi Party, whose central ideology seems to be that of ‘Shoot & Scoot’ and unlimited slander, the ‘Right to Speech’ is under serious abuse than ever. It seems like a horrendous new formula for short-cut to instant popularity & political growth.
Also, in the era of 24/7 electronic & social media, the highest eye ball grabber is ‘freshly cooked & served’ slander through ‘Breaking News.’ It’s all day and alive in day-long debates. While it takes years to build one’s reputation, it can take just 30 minutes to lose it all.
Criminal Defamation is the only answer to this kind of maverick tricksters. Democracy will lose its sheen with this anarchic parody of baseless attacks & uncouth allegations. The cost of this new age slander is unquantifiable. I am glad Supreme Court upheld the constitutionality of criminald defamation and gave a lifeline to the ‘freedom of speech’ to survive this new age onslaught.

Krishna Saagar Rao
(The writer is a BJP spokesperson)