Decoding defamation: A Must to know for Journalists: Section 499 and its Implications

Defamation: Section 499 and its Implication
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In the words of Marvin Olasky, “More people need to understand the games secular liberals play (Marlin, 2013). Here's one rule-of-thumb: No matter how bad a story sounds - particularly if it sounds bad - recognize the pattern of defamation”

“Defamation” is the generic name for the torts of slander and libel. Defamation is to protect the “Freedom of speech and expression” and thus ability of the press to investigate and bringing people’s attention towards malpractices and inflated stories. It strikes a balance between the need to protect reputation and the general right of freedom and speech.

Section 499 of Indian Penal Code describes defamation. Defamation when done through spoken words, gestures, form of rumors and inflated stories is termed as Slander. Defamation when takes place through written ways is known as Libel.  Defamation in India is covered by both the criminal law and the civil law.

There are exceptions also when defamation is not registered.

§   Defamation will not take place, when whenever something is communicated for public welfare and public benefit.

§   It is not defamation to express views about any government official in regard of his discharge of his public duties.

§       It is not defamation to publish true or substantial report of a court proceeding.

§     It is not defamation to express views in good faith about the merits of any case, civil or criminal which has been decided by court (Supreme Court of India).

§      It is not defamation if a person conveys caution to one person against the other, intended for the good of a person to whom it is conveyed or for public good.

 Various punishments for the criminal offence of defamation as described by the Indian Penal Code are as follows:

 Section 500: This section says that whoever defames another person will simply serve a term of two years or with fine or with both.

Section 501: Whoever will engrave or print matter which is defamatory for another person will be punished with an imprisonment of two years or with fine or with both.

 Section 502: Whoever will sells or offers for sale any printed or engraved material containing defamatory matter will be punished with an imprisonment of two years or with fine or with both.

 In civil law, the amount of damages to the reputation of a person differs from case to case and it is to be determined by the judge. (Source: Media Law and Ethics by M Neelamalar)

According to Sir Winston Churchill, “Some people’s idea of free speech is that they are free to say what they like, but if anyone says anything back, that is an outrage”

Practice Questions for UGC NET Jan 2017

1. Section …………………………. of the Indian Penal Code defines defamation?

a. 448

b. 479

c. 489

d. 499

2. Section 500, 501, 502 of IPC deals with?

a. punishment for defamation

b. punishment for official Secrets

c. punishment for civil contempt

d. defining defamation

3. Section 500 of the Indian Penal Code lays down………………………………….?

a. Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years or with fine or with both

b. Whoever prints (or engraves) any matter, knowing or having good reason to believe that such matter is defamatory of any I person, shall be punished with simple imprisonment for a term which may extend to two years or with fine or with both

c. Whoever sells or offers for sale any printed or engraved substance containing defamatory matter, knowing that it contains such matter, shall be punished with simple imprisonment for a term which may extend to two years or with fine or with both

d. defining defamation

4. Which of the following act is NOT consider as defamatory?

a. To make an imputation in the form of an alternative or expressed ironically

b. Convey a caution in good faith to one person against another provided that such caution in be intended for the good of the person to whom it is conveyed

c. To impute anything to a deceased person, If the imputation would harm the reputation of that person

d. To make an imputation in the form of an alternative or expressed ironically

5. ASSERTION (A): Defamatory publication can be effectively curtailed in a number of ways other than imprisonment. 
REASON (R): The benefits of going to the Press Council is that this forum will provide a speedier remedy than a court and being a watchdog of the press, this body can restrict/change unfavorable journalistic practices.

a. Both(A) and (R) are true

b. Both (A) and (R) are true, but (R) is not correct explanation of (A)

c. (A) is true, but (R) is false
d. (A) is false, but (R) is true 

Works Cited

Churchill, W. S. (2016). A quote by Winston S. Churchill. Retrieved Sep 20, 2016, from http://www.goodreads.com/quotes/17797-everyone-is-in-favor-of-free-speech-hardly-a-day

Marlin, R. (2013). Propaganda and the Ethics of Persuasion (Second Edition ed.). Broadview Press.

Marvin Olasky at BrainyQuote. (2001). Retrieved from BrainyQuote: http://www.brainyquote.com/quotes/quotes/m/marvinolas262604.html

Section 499 in the Indian penal code. Retrieved from Indiankanoon.org: https://indiankanoon.org

Supreme Court of India. (2010, April-June). NEWSLETTER - Supreme Court of India. Courth News, V(2). Retrieved Sep 20, 2016, from http://www.sci.nic.in/courtnews/2010_issue_2.pdf

The Registry Supreme court of India.  Supreme court of India. Retrieved Sep 20, 2016, from http://supremecourtofindia.nic.in/