Answer:

The freedom of expression is guaranteed as fundamental right by the Indian Constitution under Article 19(1) (a). It implies that every citizen has right to express his views, opinions, belief and convictions freely.

However, this right is not absolute. The Constitution (Article 19(2)) has imposed certain reasonable restrictions on the exercise of the freedom of expression including defamation.

Defamation refers to the act of publication of defamatory content that lowers the reputation of an individual or an entity when observed through the perspective of an ordinary man. It can be done by words, spoken or written or visual representation.

Defamation in India is both a civil and a criminal offence. Defamation as a criminal offence is listed under section 499 of the Indian Penal Code.

Recently, the Supreme Court, in Subramanian Swamy vs Union of India case upheld the constitutionality of criminal defamation. As per SC, the right to free speech does not

mean that a citizen can defame the other. The judgement has underlined individual’s

fundamental right to live with dignity and reputation.

♤ Protection of reputation is a fundamental right under Art-21, right to life with dignity and also a human right.

♤ Criminalization of defamation to protect individual dignity and reputation is a

“reasonable restriction”

In another case, R. Rajagopal versus State of Tamil Nadu, famously known as the Auto Shankar Case, Supreme Court said that the newspaper could publish the life story or autobiographies of people so far as it appears from the public records even without the consent or authority. But if they go beyond the public record and publish, they may be invading the privacy and causing defamation of the officials named in the publication which is unacceptable.

According to these judgments, the theory of balancing of rights dictates that along with the right to freedom of speech and expression, there is a correlative duty on citizens not to interfere with the liberty of others, as everyone is entitled to the dignity of person and of reputation.