Can Defamation (a serious threat to India) be controlled ?
Defamation is rapidly increasing in India. That's what some criminals do for a living, and their services are not expensive compared to the value that competitors or enemies get in return. Should something be done to handle this threat to India ? Please share information.
According to the Constitution of India, the fundamental right to free speech (Article 19) is subject to "reasonable restrictions". Accordingly, for the purpose of criminal defamation, "reasonable restrictions" are defined in Section 499 of Indian Penal Code, 1860. This section defines Defamation and provides valid exceptions when a statement is not considered to be Defamation. It says that Defamation takes place "by words either spoken or intended to be read, or by signs or by visible representations, to make or publish any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation, of such person." In India, a defamation case can be filed under either criminal law or civil law or Cyber Crime Law, together or in sequence. The punishment for Defamation is a simple imprisonment for up to two years or with fine or with both
Below are some articles which tells various ways of Defamation in India,
http://www.firstpost.com/politics/times-now-case-defamation-could-get-expensive-95488.html
http://forbesindia.com/blog/business-strategy/its-builders-vs-buyers-in-the-indian-real-estate-industry
http://lawyersupdate.co.in/LU/5/21.asp
http://timesofindia.indiatimes.com/tech/it-services/Cyber-defamation-increasing-in-India/articleshow/7122938.cms more
According to the Constitution of India, the fundamental right to free speech (Article 19) is subject to "reasonable restrictions". Accordingly, for the purpose of criminal defamation, "reasonable restrictions" are defined in Section 499 of Indian Penal Code, 1860. This section defines Defamation and provides valid exceptions when a statement is not considered to be Defamation. It says that Defamation takes place "by words either spoken or intended to be read, or by signs or by visible representations, to make or publish any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation, of such person." In India, a defamation case can be filed under either criminal law or civil law or Cyber Crime Law, together or in sequence. The punishment for Defamation is a simple imprisonment for up to two years or with fine or with both
Below are some articles which tells various ways of Defamation in India,
http://www.firstpost.com/politics/times-now-case-defamation-could-get-expensive-95488.html
http://forbesindia.com/blog/business-strategy/its-builders-vs-buyers-in-the-indian-real-estate-industry
http://lawyersupdate.co.in/LU/5/21.asp
http://timesofindia.indiatimes.com/tech/it-services/Cyber-defamation-increasing-in-India/articleshow/7122938.cms more
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In India, Congress and BJP are masters of Defamation. They do it in a manner that no one sees it coming. Hats off to Congress and BJP for their PHD in defamation. AAP people make press conferences every time with proofs, and now they are tagged as those who only know how to criticize. more
Jan 27
Google India takes a Defamation Case to India’s Supreme Court (in Jan 2015) after losing in High Court. Please read below article, http://blogs.wsj.com/indiarealtime/2014/01/24/google-takes-defamation-case-to-indias-supreme-court/ The case against Google was brought by Visaka Industries–a company based in the southern Indian city of Hyderabad which makes corrugated cement and asbestos fiber sheets—after an anti-asbestos blog hosted by Google’s Blogspot.com contained allegations that Visaka was being protected because it was backed by leaders of the ruling Congress party. If Google loses again it will be liable for criminal activities on its network, and have to step up its monitoring of what goes on online in India. But the debate is whether Google is actually responsible here ? Can something be done to control these defamation tactics in India ? Those who are the real culprits should be brought to justice in a transparent manner. Even if the best of companies like Google start verifying the content being posted, this has limitations. Those who make false accusations are the ones who are responsible and not the blogging websites. more
Jan 24
Yes TV journalism has turned from responsible journalism to sensationalism. Some issues raised is enough to raise your eyebrows. One channel man says "Arvind says that during India Against corruption campaign when Annaji advised forget RSS &BJP for the time being and concentrate on congress and corruption . The channel man adds "So Arvind himself was favoring BJP. " When the AAP spokesman counters him saying that during Jaiprakash narain's Movement Vajpayee a who was with Jan sangh joined the Janatha party. Later they split into BJP, Janatha Dal etc. " The TV anchor shouts on the top of his voice " look !! every body watching the TV Please note!! that AAP spokesman agrees that Arvind Kejriwal was once favoring BJP favorite" While AAP person was only giving a counter argument the TV Anchor tries to be smart by dubbing cooked up fact to say that AAP spokes person agrees that Arvind was a BJP favorite." this is what i call sensationalism. Some TV anchors feel that they can get away with silly cooked up arguments and make viewers of the 'Idiot box' "idiots" more
Jan 23
I agree with Rohit entirely - what with page 3 type of TV journalism being practiced so widely these days - all claiming to be the number one news channels!! We should have separate courts to quickly decide upon libel cases! otherwise the mavericks will have their way - all the way!! more
Jan 23
