Gargi Sharma, BA. LLB (Hons), Vivekananda Institute of Professional Studies, GGSIPU
ABSTRACT
Defamation is the communication of false statements about a person that damage that person's reputation in the eyes of the average person. Any false and privileged statement published or uttered with intent, purpose or knowingly to damage the reputation of any person is defamation. A man's reputation is treated as his property and such damage is punishable by law. It can be written or spoken. Defamation in writing, printed or typewritten material or images is called defamation and verbal defamation is defamation. The history of libel can be traced back to Roman and German law. Offensive songs were punishable by Rome. In early English and German law, offenses were punished by cutting out the tongue. In late 18th-century England, prosecution for crimes or social ills or disputing professional competence was libel. The introduction of the Women's Defamation Act increased prosecutions for obscenities. French libel laws were very strict. The publication of defamatory matters in newspapers was severely punished, and only the truth was allowed as a defense if the publication concerned public figures. Defamation is a criminal offense in Italy, and truth rarely trumps defamation. With changing times, defamation has been a misused offense in the hands of many, thereby causing a rise in debate on it with respect to the limitation on free speech. What calls for in this regard is the need for progressive thinking with the changing needs of Indian society. This research paper aims to explore the legal side attached to defamation in India, judicial upbringing on the same, and the road ahead for it.
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