It said that the law acknowledges that harm to reputation is not only an attack on an individual, rather an imputation on the whole society, for which the perpetrator may be punished to serve the community as an act of remorse (as introduced in the Bharatiya Nyaya Sanhita).”Through introduction of this punishment, Indian law has shown the most balanced approach in protecting one’s reputation and speech too,” the law commission said.
It further observed that “reputation is something which can’t be seen and can only be earned. It’s an asset which is built in a lifetime and destroyed in seconds. The whole jurisprudence around the law on criminal defamation has the essence of protecting one’s reputation and its facets”.
The report was prepared after the panel received a reference from the law ministry in 2017 requesting the commission to examine various issues relating to the defamation laws and make recommendations thereon. Earlier, Supreme Court had examined the constitutionality of criminal defamation.
The apex court had dismissed the challenge to Section 499 of the Indian Penal Code, and held it to be constitutionally valid on account of it being a reasonable restriction under Article 19(2) to the freedom of speech and expression enshrined in Article 19(1)(a).
The Commission has recommended that criminal defamation be retained within the scheme of criminal laws as the right to reputation flows from Article 21 of the Constitution, and being a facet of right to life and personal liberty, needs to be adequately protected against defamatory speech and imputations.
