The Supreme Court quashed criminal defamation proceedings filed by the Murasoli Trust against Union Minister L. Murugan over his remarks at a press meet.

Key Highlights of the Case

• Allegations: The defamation complaint alleged that Mr. Murugan, during a press meet in December 2020, made remarks implying the Trust was operating on panchami land (Depressed Class land) without legal rights, harming its reputation.
• Trust’s Position: The Trust argued the remarks were intentional and caused reputational harm.
• Minister’s Defense: He clarified that the statements were political and not intended to defame the Trust.
• Supreme Court’s Observation: The 2 judges Bench highlighted the need for “breathing space” in political free speech and remarked that political figures should be prepared to handle criticism.
  • The Trust accepted Mr. Murugan’s clarification, leading to the quashing of the defamation proceedings.

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About Defamation Cases in India

• Definition: Defamation refers to any statement that harms the reputation of an individual or entity.
• Categorisation of Defamation Laws in India: In India, defamation is an offence under both the civil and criminal law.
  • Civil defamation law in India: Defamation is punishable under the Law of Torts by imposing punishment in the form of damages to be awarded to the claimant. 
    • A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits a tortious act.
  • Criminal defamation law in India: Defamation is a bailable, non-cognizable and compoundable offence.
  • Key Features of Criminal Defamation:
    • Statements must be proven to have been made with intent to harm reputation.
    • Truth is a defense if the statement is made for public good.
• Defamation Laws in India
  • Bharatiya Nyaya Sanhita, 2023 (BNS): The offence of defamation carries a simple imprisonment of up to two years or a fine, or both or with community service.
    • Section 354 of the BNS defines defamation and corresponds to Section 499 of the IPC.
  • Indian Penal Code (IPC): The offence of defamation carries a punishment of simple imprisonment of up to 2 years or a fine or both. The law of criminal defamation is enumerated in Sections 499, 500, 501 and 502 of the IPC, 1860.
  • Information Technology (IT) Act, 2000: All defamation related criminal and civil laws are applicable to defamation done by use of social media under the IT Act, 2000.
• Constitutional Provisions:
  • Article 19(1)(a): Guarantees freedom of speech and expression.
  • Article 19(2): Permits reasonable restrictions on this freedom, including to protect reputation.

Supreme Court Directions in Defamation Cases

• Balancing Free Speech and Reputation: The Court has emphasized that freedom of speech should not be curtailed unnecessarily, especially in political discourse.
• Thick Skin in Politics: The Court often advises political leaders to be tolerant of criticism, as seen in Justice Gavai’s remarks in this case.
• Precedent Cases:
  • Subramanian Swamy vs. Union of India (2016): The Supreme Court upheld the constitutionality of criminal defamation under IPC, stating it strikes a balance between free speech and protection of reputation.
  • Rajdeep Sardesai vs. State of Andhra Pradesh (2020): The Court quashed a defamation case against the journalist, emphasizing the need to protect media freedom in reporting.
  • Arun Jaitley vs. Arvind Kejriwal (2018): Settled through mutual agreement, the case highlighted how public figures often resolve defamation disputes without protracted litigation.

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Global View On Defamation Case:

• Due to increasing social media activities, the majority of nations can be seen enacting stricter laws for defamation.
  • Japan in the year 2022, introduced harsher penalties for criminal defamation, the punishment has changed from short-term detention and fines under 10,000 yen to one year in prison with the possibility of forced labour and a fine up to 300,000 yen.
• However, countries like Australia and New Zealand consider defamation to be a civil offence.
  • In 1993, criminal defamation was outlawed in New Zealand.
• As courts typically award bigger damages in criminal defamation cases than in civil ones, they are more frequent than civil ones.

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