Why it should be retained?

♤ Reputation of an individual, constituent in Article 21 is an equally important right as free speech.

♤ Criminalization of defamation to protect individual dignity and reputation is a “reasonable restriction”

♤ Editors have to take the responsibility of everything they publish as it has far-reaching

consequences in an individual and country’s life

♤ The acts of expression should be looked at both from the perspective of the speaker and the place at which he speaks, the audience etc.

♤ It has been part of statutory law for over 70 years. It has neither diluted our vibrant democracy nor abridged free speech

♤ Protection for “legitimate criticism” on a question of public interest is available in the

o Civil law of defamation &

o Under exceptions of Section 499 IPC

♤ Mere misuse or abuse of law can never be a reason to render a provision unconstitutional rather lower judiciary must be sensitized to prevent misuse

♤ Monetary compensation in civil defamation is not proportional to the excessive harm done to the reputation