Right to freedom of speech and expression
is not absolute. It is subject to imposition
of reasonable restrictions . . . there is a
correlative duty not to interfere with the liberty
of others – The Supreme Court of India
The Supreme Court on 13 May 2016 upheld the constitutional validity of the country’s colonial-era criminal defamation laws, ruling that they are not in conflict with the right to free speech. Public interest litigation by politicians of both the BJP and the Congress asked for the court to rule that the defamation should be seen as a civil offence.
Justifying its retrograde finding, the apex court concluded there will be ‘no chilling’ effect on freedom of express because of criminal sanctions. “Dissent is required, but it does not grant an unfettered right to damage a reputation,” said a bench comprising justices Dipak Misra and Prafulla C Pant. The ruling was delivered on a petition first filed by Bharatiya Janata Party politician Subramanian Swamy against provisions criminalizing defamation.
“One is bound to tolerate criticism, dissent and discordance but not expected to tolerate defamatory attack,” the apex court said, while describing freedom of expression as a “highly treasured value under the Constitution.” The apex court had earlier stayed summons issued to those facing criminal defamation cases in various lower courts. On 13 May the court indicated that the stay on these cases would stand lifted as the law on criminal defamation had been upheld.
The Supreme Court last year struck down a sweeping law that allowed police to jail people for online posts thought to be offensive. The court found section 66A of the Information Technology Act, 2000, to be unconstitutional, in a ruling praised by supporters of free speech and expression.
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