Defamation & It’s Interlinkage with Right to Privacy

In light of the recent prominence of defamation cases in the news, it deemed appropriate to offer a brief insight into this contentious legal concept. As defamation cases continue to make headlines, it is crucial to understand the implications of this complex issue and the delicate balance between free speech and protecting one's privacy.

Reputation and privacy often intertwine. Every individual possesses the entitlement to safeguard their reputation and avoid being subjected to defamatory statements that undermine their autonomy and privacy. While the right to freedom of speech and expression, as enshrined in Article 19(1)(a) of the Constitution of India (“Constitution”), are undeniably fundamental rights, they are not absolute and come with reasonable limitations. Although the existing defamation laws have aimed to shield an individual's reputation and align with the principles of restricted freedom of speech, they have not always adequately protected an individual's privacy. Privacy, although sometimes linked with reputation, has not consistently fallen directly within the scope of defamation as a tort.

The simple meaning of Defamation is when someone does “the act of communicating false statements about a person that injures the reputation of that person”. Every person's existence revolves around their reputation, which frequently takes precedence. The right to reputation, which is recognized as a dimension of the right to privacy, is a fundamental right under Article 21 of the Constitution, and the same is protected by the law of defamation. The Supreme Court in a landmark judgment held that an individual has a right to protect his reputation from being unfairly harmed and such protection of reputation needs to exist not only against falsehood but also against certain truths. Intention to cause harm to reputation of a person is sine qua non of the offense of defamation.

In India, Defamation is recognized both as a civil wrong and a criminal wrong. While the civil law is not codified, the criminal law on defamation is codified under Section 499, punishable under Sector 500 to 502 of the Indian Penal Code, 1860 (“IPC”). The law of defamation seeks to protect an individual’s interest in their reputation. But it has also been greatly modified to ensure that public persons cannot hide behind their defamatory actions in order to evade exposure of their actions and responsibilities for which they are publicly accountable.

The right to privacy is intricately connected to the fundamental right to lead a dignified life, as enshrined in Article 21 of the Constitution. This article mandates that no individual should be deprived of their right to life and personal liberty. Consequently, privacy not only allows individuals to safeguard their reputation but also guarantees them the right to keep their personal life beyond the scope of intrusive scrutiny and undue harm. The right to life is considered the most fundamental of all human rights and cannot be taken away from anyone without due legal process. Although the Right to Privacy is now acknowledged as an integral aspect of Article 21 of the Constitution, it was not initially the case. The evolution of jurisprudence to incorporate privacy as a crucial component of the Right to Life has occurred gradually through meticulous judicial interpretation. In the case of 'Kharak Singh Vs. The State of U. P. & Others[1], the Apex Court recognized the significance of the right to privacy but did not categorize it as a fundamental right. The Court observed that the State could conduct surveillance to prevent crimes based on available evidence. However, the landmark judgment in 2017 decisively placed the Right to Privacy alongside the golden Trinity of Article 14 (Right to Equality), Article 19 (Right to Freedom), and Article 21 (Right to Life and Personal Liberty).

Hence, the concept of the Right to Privacy is dynamic, encompassing the right to lead a dignified life and protect one's reputation. Various aspects of privacy that impact the dignity and reputation of individuals can be examined from different aspects. It is intriguing to note that, just like the Right to Privacy, the Right to Freedom of Speech and Expression is also considered a fundamental right. Defamation, which is perceived as damaging a person's reputation, is a legal offense that can be rectified through legal channels. Some argue against criminalizing defamation, citing it as a violation of the fundamental right to freedom of speech and expression. Nevertheless, as discussed earlier, defamation not only undermines an individual's dignity and reputation but also encroaches upon their private space, resulting in a violation of fundamental rights. Consequently, defamation is treated as both a civil and a criminal offense, and the law addresses it accordingly.

Justice Chandrachud in Puttaswamy Vs Union of India[2] has categorically stated that “Dignity cannot exist without privacy. Both reside within the inalienable values of life, liberty, and freedom which the Constitution has recognized. Privacy is the ultimate expression of the sanctity of the individual. It is a constitutional value which straddles across the spectrum of fundamental rights and protects for the individual a zone of choice and self-determination” Justice Kaul in the same case also observed that the right to privacy involves the right to preserve personal reputation. Article 12 of the United Nations Declaration of Human Rights (UDHR) 1948, categorically states that “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.”

Prior to this ruling in Puttaswamy, the Supreme Court had upheld the constitutionality of Sections 499 and 500 of the IPC, in the case of Subramanian Swamy Vs. Union of India[3]. These sections were challenged on the basis of their alleged infringement upon the right to freedom of speech and expression guaranteed by Article 19 of the Constitution. However, the Court appropriately recognized that the reputation of one individual should not be sacrificed at the expense of another person's Right to Freedom of Speech. Moreover, the sections were found to be non-arbitrary as they also addressed the issue of baseless complaints and placed the burden of proof on the complainant. The court emphasized that an individual's reputation is an inherent part of the right to life, and as such, there should be legal provisions available to citizens to protect their reputation if it is unfairly damaged.

The connection between privacy and an individual's dignity and reputation is evident, underscoring the utmost importance of safeguarding one's reputation. When reputation is compromised, privacy becomes difficult to preserve. Protecting an individual's reputation is a fundamental aspect of ensuring their Right to Life and Liberty. Consequently, defamation laws must effectively address both libel and slander, the crucial elements of defamation. It is essential to recognize that no right is absolute, and the right to freedom of speech and expression should be subject to reasonable limitations.

Anhad Law’s Point of View

In light of the foregoing analysis, we at Anhad Law believe that the relationship between defamation, privacy, and reputation holds paramount importance in the legal landscape. Defamation, as the act of making or publishing false statements that harm an individual's reputation, must be appropriately addressed by the law to strike a balance between protecting one's reputation and upholding the right to freedom of speech and expression. The recognition of reputation as an integral dimension of the right to privacy under Article 21 of the Constitution further emphasizes the need for robust legal protections. The evolving jurisprudence surrounding privacy and defamation, as exemplified by landmark cases such as Puttaswamy and Subramanian Swamy, reflects the continuous efforts to safeguard fundamental rights in a dynamic and ever-changing society.

The right to reputation, enshrined within the right to privacy and linked to the concepts of dignity and self-determination, reflects the inalienable value of preserving an individual's identity and standing in society. The recognition of privacy as the ultimate expression of individual sanctity reinforces the need to protect personal reputation from arbitrary interference and attacks. Therefore, the law of defamation, both as a civil and criminal wrong, serves as a means to protect an individual's interest in their reputation and ensure public accountability, especially concerning public figures who must not evade responsibility for defamatory actions.

Aristotle once said-

“Regard your name as the richest jewel you can possibly be possessed of – for credit is like fire; when once you have kindled it you may easily preserve it, but if you once extinguish it, you will find it an arduous task to rekindle it again. The way to gain a good reputation is to endeavour to be what you desire to appear.”

Dhruv Gandhi Partner and Deepam Rangwani Associate

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Disclaimer: The contents of the above publication are based on interpretation, analysis and understanding of applicable laws and updates in law, within the knowledge of authors. Readers should take steps to ascertain the current developments given the everyday changes that may be occurring in India on internationally on the subject covered hereinabove. This is not a legal opinion, analysis or interpretation. This is an initiative to share developments in the world of law or as may be relevant for a reader. No reader should act on the basis of any statement made above without seeking professional and up-to-date legal advice.