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To determine the constitutionality of Section 499 of the Indian Penal Code and its exceptions, the bench examined each provision in detail and concluded that the section is not vague. The bench rejected the petitioner's argument about "public good", stating that such interpretation must be made on a case-by-case basis.
With the same view, defamation has been criminalised in India by inserting it into Section 499 of the I.P.C. Where defamation is concerned, in case of a criminal defamation suit as laid down in Sections 499 and Section 500 of the Indian Penal Code, the issue - in question - being the truth isn't considered a defence.
The press, including print, television, radio, and internet are nominally amended to express their concerns under the selected provisions such as Article-19 (which became effective from 1950), though it states freedom of "occupation, trade or business" and "freedom of speech and expression" without naming "press" in clause "a" and "g".
Quashing in a criminal defamation case is a difficult prospect. This is because – to simplify – under Section 499 of the IPC, a prima facie offence of defamation is made out with the existence of a defamatory imputation, which has been made with the intention or knowledge that it will cause harm. This is, evidently, a very low threshold.
Quashing in a criminal defamation case is a difficult prospect. This is because – to simplify – under Section 499 of the IPC, a prima facie offence of defamation is made out with the existence of a defamatory imputation, which has been made with the intention or knowledge that it will cause harm. This is, evidently, a very low threshold.
Controversially, damages in defamation cases brought by public officials are higher than those brought by ordinary citizens, which has a chilling effect on criticism of public policy [152] While the only statutory defence available under French defamation law is to demonstrate the truth of the defamatory statement in question, a defence that is ...
Reynolds v Times Newspapers Ltd was a House of Lords case in English defamation law concerning qualified privilege for publication of defamatory statements in the public interest. The case provided the Reynolds defence, which could be raised where it was clear that the journalist had a duty to publish an allegation even if it turned out to be ...
Greene v Associated Newspapers Ltd [2004] EWCA Civ 1462 is a case of the Court of Appeal of England and Wales that governs the use of injunctions against publication in alleged defamation cases. Greene, a businesswoman, sought an injunction against Associated Newspapers Ltd to prevent them publishing alleged links with Peter Foster ; while they ...