The Time has come to ‘Decriminalize Defamation’: Supreme Court

While hearing the plea filed by the organization ‘Foundation for Independent Journalism’, the Supreme Court (SC) indicated that the time has come to ‘Decriminalize Defamation’. The bench of Justice MM Sundaresh and Justice Satish Chandra Sharma made the remarks while considering the plea of the FIJ, which sought to quash a summons issued in a criminal defamation case filed by the Professor of Jawaharlal Nehru University, against the FIJ for an article published by the organization. 

During the hearing, Justice Sundaresh quoted, “I think time has come to decriminalize all this”. Senior Advocate Kapil Sibal, appearing for the petitioner, informed the court that there are other pending criminal defamation petitions, including the one filed by Congress MP Raghul Gandhi. The SC marked FIJ’s petition to the pending ones. 

The petitioner has challenged the summons issued against them, saying the Defamation law has been used against them for harassment. The information also recalls that the SC in 2016 had examined the criminal defamation law under Section 499 of the Indian Penal Code (IPC) and warned the courts to be “circumspect and judicious” in issuing summons to prevent misuse. 

The court also stated that the defamation law should not be used as a tool for needless harassment or oppression, and further noted that Section 356 of the Bharatiya Nyaya Sanhita criminalizes defamation.