5 things you didn’t know about criminal defamation

Netflix has finally released 3 episodes of its controversial documentary series ”Bad Boy Billionaires”, which focuses on the alleged fraud committed by liquor tycoon Vijay Mallya, Sahara India’s Subrata Roy, IT executive Ramalinga Raju, and jeweller Nirav Modi.

The series was supposed to be released last month, but Netflix had suspended the show’s release due to an order by the District Court of Araria (Bihar), where the Sahara group had argued that the show would damage Subrata Roy’s reputation. Netflix released the episodes after the court overturned its order on Saturday.

1. Can damaging a person’s reputation be considered as a crime?

Yes, damaging a person’s reputation may be considered as a criminal offence of defamation under the Indian Penal Code, 1860.

2. What is criminal defamation?

If you deliberately make or publish any claim about another person with the intention to harm his/her reputation, this can be considered as criminal defamation under Section 499 of the Code.

A person’s reputation is harmed when other people’s opinion about a person goes down because of your claim or accusation. Your statement can degrade someone if it:

1. a) lowers the person’s moral or intellectual character; or
2. b) lowers the person’s character in respect of his caste or occupation; or
3. c) lowers the credit of that person; or
4. d) results in a belief that the person’s body is disgusting or disgraceful.

You may be punished for defaming a person if you make an accusation knowing that it will harm the reputation of the person. The target of defamation could also be a collection of people such as a company, association etc. It is possible to defame someone through spoken or written words, signs, etc.

3. Can you be punished for defaming a dead person?

Yes, you can be punished for defamation if you make a claim that would harm a dead person’s reputation with the intention of hurting the feelings of his/her family members.

4. Exceptional cases which are not considered as defamation

There are certain exceptions to defamation, including the following:

1. a) It is not defamation to claim anything which is true about another person, if your statement needs to be made or published for the sake of public good.
2. b) It is not defamation to genuinely express your opinion about the conduct of a public servant in the performance of his/her duties.
3. c) It is not defamation to genuinely express your opinion about the merits of a case which has been decided by a court.
4. Punishment for defamation

If you defame another person, you can be punished with imprisonment for up to two years and/or a fine.