Panel favours retention of criminal defamation law

Satya Prakash

New Delhi, February 2

The Law Commission has recommended retaining the criminal defamation law, saying the right to reputation needed to be protected as it’s a facet of right to life and personal liberty guaranteed under Article 21 of the Constitution.

In its 285th report submitted to the government, the 22nd Law Commission headed by Justice Ritu Raj Awasthi said, “It is important to keep in mind that right to reputation flows from Article 21 of the Constitution of India, and being a facet of right to life and personal liberty, needs to be adequately protected against defamatory speech and imputations.”

The law panel emphasised: “Any form of speech should not be illegal in general unless there are very specific and unusual circumstances. Indeed, utmost caution needs to be exercised while doing so. A speech ought to be illegal only where it is meant to do substantial harm and when such harm materialises. The law ensures a balance between freedom of expression and right to reputation, essential to maintain social harmony and protecting individuals from unwarranted harm caused by defamatory statements.”