The bench of Dr DY Chandrachud and MR Shah, JJ has refused to transfer to CBI the criminal cases lodged against Republic TV Editor in-Chief Arnab Goswami for alleged defamatory news show telecast on April 21 in connection with the Palghar mob-lynching case. It also quashed all FIRs against Arnab Goswami except one which was filed in Nagpur and which has been transferred to Mumbai via order dated 24.04.2020.
[Excerpt from SCC Online Blog, May 19, 2020]
Delivering the verdict, Justice Chandrachud said, ― Article 32 of the Constitution constitutes recognition of the constitutional duty entrusted to this Court to protect the fundamental rights of citizens. The exercise of journalistic freedom lies at the core of speech and expression protected by Article 19(1)(a). The petitioner is a media journalist. The airing of views on television shows which he hosts is in the exercise of his fundamental right to speech and expression under Article 19(1)(a). India's freedoms will rest safe as long as journalists can speak truth to power without being chilled by a threat of reprisal…Free citizens cannot exist when the news media is chained to adhere to one position. Yuval Noah Harari has put it succinctly in his recent book titled “21 Lessons for the 21st Century”: “Questions you cannot answer are usually far better for you than answers you cannot question.”
[Excerpt from Arnab Ranjan Goswami vs Union Of India on 19 May, 2020]
Defamation is punishable:
Correct Answer :
Both as a Civil wrong as well as a Crime.
Solution :
The correct option is Both as a Civil wrong as well as a Crime.
Explanation:
In Indian law, defamation occupies a dual position:
1. Civil Wrong (Tort): Defamation is treated as a civil wrong under the Law of Torts. A person whose reputation has been damaged by defamatory statements can file a civil suit in court to claim monetary compensation (damages) for the injury caused to their reputation.
2. Criminal Offence (Crime): Defamation is also defined as a criminal offence under Sections 499 and punishable under Section 500 of the Indian Penal Code (IPC) [now covered under corresponding provisions in the Bharatiya Nyaya Sanhita, 2023]. Under criminal law, an offender can face imprisonment, a fine, or both upon conviction.
Therefore, in India, defamation is punishable both as a civil wrong (remedied by payment of damages) and as a crime (remedied by criminal prosecution and penalty/imprisonment).
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