The Law of Defamation: Deviance and Manipulation

The misuse of defamation is severe since it has been developed mainly through common law in England but has been inappropriately fitted into the criminal system and civil litigation in India. The very fact that India does not have a civil law on defamation, results in the criminal law on defamation being used inappropriately. Defamation as a law, was never formulated to be used by and against political opponents. The monetary power of opponents overwhelms litigation in such cases, subverting the due process of law. In the same context, satire against political personalities especially must be protected as a livelihood. Reports by established media houses must face greater scrutiny in certain cases. Truth or falsity of the statement must be considered foremost in most cases, especially with regards to statements on public figures. Degrading metaphors may not always be defamatory on a prima facie view if opinion of the person is not formed on the basis of it. Vulgar slangs, abuses make such metaphors disparaging in essence. Honest opinions based on true facts and academic discussions can never qualify as defamatory. In India, speech is restricted by the standards of the society. Most of these restrictions are applicable on statements in relation to women, children, religious figures.