The Law Commission of India has submitted its report on the Law of Criminal Defamation, recommending the retention of criminal defamation in the country’s criminal laws. The report emphasizes the importance of reputation and the need to protect it, stating that reputation is built over a lifetime but can be destroyed in seconds. The Law Commission also highlights the addition of community service as an additional punishment in The Bharatiya Nyaya Sanhita, 2023, acknowledging that harm to reputation is an attack on society as a whole.
The 22nd Law Commission of India conducted an extensive study on the history of defamation laws and its relationship with the right to freedom of speech and expression. The Supreme Court had previously examined the constitutionality of criminal defamation and deemed it to be a reasonable restriction on the freedom of speech and expression. Based on these considerations, the Commission recommends the retention of criminal defamation in the country’s criminal laws, as the right to reputation is a facet of the right to life and personal liberty protected by the Constitution.
The Law Commission received a reference from the Ministry of Law and Justice in August 2017, asking them to examine various issues relating to defamation laws and make recommendations. After analyzing court judgments, studying defamation across jurisdictions, and considering the relationship between reputation and freedom of speech, the Commission concluded that criminal defamation should be retained to adequately protect against defamatory speech and imputations.
This report by the Law Commission of India carries great significance as it addresses the balance between free speech and the protection of reputations. By recommending the retention of criminal defamation and the addition of community service as a punishment, the Commission demonstrates a balanced approach to safeguarding both reputation and speech. The report now awaits further action from the Government of India.
