Analysis Of The Defamation Laws & Media

Palak Jain, Manipal University, Jaipur & Adv. Vaishali Godara, Rajasthan High Court

ABSTRACT

In India, media has a vital role in communicating to the public at large. There are certain restrictions also on media. If media is used in proper way then it can be helpful at its extreme.In Indian Constitution, freedom of press is included in Article 19(1)(a). Certain restrictions areimposed on freedom of press under Article 19(2). Defamation is one of the restriction imposed under Article 19(2). Defamation is offence of injuring a person’s character, fame, reputation by false and malicious statements. Defamation is injury to person’s reputation. Defamation is defined in section 499 of Indian Penal Code and Law of Torts. Publishing a news means adding it to the intelligence of reader. The owner, compositor or word-setter, editor, publisher and the author are all responsible for defamation, because they are the bodies who accept the bunch ofmatters to be published. Ignorance and mistake of act cannot be used as defences in case of defamation. It is important that any of published news is within the purview of the ethics of journalist or media person. Before publishing the news, media person should see that the information communicated leads to truthfulness and does not create negative impact in society.Journalist have certain rights and duties which he should follow.