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PRERNA FOR IAS
DEFAMATION LAW IN INDIA: BALANCING FREE SPEECH AND REPUTATION
Introduction
Defamation law occupies a unique position in a democratic society. On one hand, democracy requires citizens to enjoy freedom of speech and expression. On the other hand, individuals possess a valuable right to reputation and dignity. The law of defamation seeks to strike a balance between these competing interests.
In India, freedom of speech and expression is guaranteed under Article 19(1)(a) of the Constitution. However, this freedom is not absolute. Article 19(2) permits reasonable restrictions, including restrictions relating to defamation. Simultaneously, the Supreme Court has repeatedly recognized that reputation is an integral part of the Right to Life and Personal Liberty guaranteed under Article 21. Thus, Indian constitutional jurisprudence attempts to harmonize free speech with protection of individual reputation.
Meaning of Defamation
Defamation refers to the publication or communication of a false statement that harms the reputatio
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Explore India's defamation law balancing free speech under Article 19 with reputation rights under Article 21. Learn about libel, slander, criminal and civil remedies.
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