Muskan Mittal (20010536) 1

DEFAMATION LAWS AND FREEDOM OF PRESS

Abstract

The role of media is to report matters of public interest, but

it is difficult to believe in them when they start making
grievous mistakes. People who have been hit by wrong
claims by media know how damaging it can be. While we
all advocate the idea of free press, media has some
responsibilities it is accountable for. Defamation laws are
important for protection of individual interests of reputation
and dignity. With the growing electronic age, it is even
more imperative and difficult to keep media in check and
therefore, we see a steep rise in defamation suits against
journalists. The legislation and judiciary work together to
balance out this inconsistency between the common law of
defamation and freedom of press.

Defamation Laws are often regarded as a limitation to freedom of press, but there are always two
sides to a coin. Can freedom of press be claimed by media houses and journalists to wriggle out of
defamation suits? Scores of people come forward to complain about the limitation to this freedom,
but only a few understand what a false derogatory remark can do to your reputation in the society.
Feels unjust when you did not do anything and still is criticized by society just because a bunch of
people were not responsible enough. Media has been given the status of fourth pillar of democracy
which holds the power to influence people and mold their thought process. In recent years, we have
seen a steep rise in the defamation suits filed against journalists. Supreme Court has been fighting
for the freedom of press, but does that mean it has given media a free pass for irresponsible
reporting?

Defamation is the act of issuing false derogatory comments and remarks which might lower the
reputation of an individual in the eyes of a reasonable person. Media has a responsibility of
reporting matters of public concern and in the process sometimes attack some people in a way
which lowers their reputation in front of the society. These people get subjected to criticism and
ridicule by the public. If it is true or a fair comment, then media cannot be held liable, but who will
be responsible for media going overboard and tarnishing somebody’s reputation, without concrete
evidence, beyond repair. It is a common argument that the job of the media is reporting and if it
goes in the details of truth and lie then who will report the matters to us. But isn’t it also the job of
media to be cautious? Absolute media freedom will expose individuals to attacks on their
reputation. Media has an

obligation to report matters of public interest but what public interest is served when the matters
reported are false or erroneous.

Why Defamation by media is a big problem?

We live in a society where reputation of an individual is very integral part for the dignity of that
person, it is even an inherent natural right guaranteed under Article 21 of the Constitution of India 1.
It was crucial for law to protect people from irrational attacks on their reputation. Defamation, thus,
is a tort which seeks damages to the plaintiff when her/his reputation has been compromised by
another person. There is a right to live with dignity with every individual and it is imperative for
them to have a good status and reputation in the society. But it is often compromised because of
irresponsible reporting by media houses. If they have a right to freedom of press, then who shall be
held liable for the damage of reputation done. Defamation has various defences, plead of truth being
one of them. But when the statements are false, they cause negative impact for that individual. One
factual error, and it stakes the life of another. Reputation has always been important in Indian
society and thus defamation laws are very crucial. It is bad for the democracy if media does not
respect the dignity of a person and becomes the judge and jury of a person’s fate. If media were
given free reign, media trials and derogatory comments would become even more common and it
will become difficult to believe what is true and what is not, every other person would be defamed.
How can it be true that they do all background research and yet become aggressive when it comes
to talking about somebody’s life.

Role of Media and its misuse in recent years

Freedom of press is very important for a democracy and media should be able to report all matters
of public concern without any external influence. It is very crucial for media to be independent and
fulfil its duty with courage and integrity 2. We read newspapers and watch news channels on
television, it is often noticed that media criticises government, policies or people. Sometimes, media
reports matters without any credibility which is taken by the public as truth. This results in negative
image of an entity which further affects their acceptance by the society. For example, in the past
few months, we have seen media actively reporting about Rhea Chakraborty and commenting about
her lifestyle and character without any concrete proof. These reports and comments led to her
negative image in front of the society which might never get repaired. These reports have very

1
Rutu Mistry, The Blurry Line Between Defamation and Role of Media, LEGAL SERVICE INDIA, Dec. 18, 2018,

http://www.legalserviceindia.com/legal/article-452-the-blurry-line-between-defamation-and-role-of-media.html
2
Badala Tachilisa Balule, Striking a balance between media freedom and protection of reputation: the defence of
reasonable publication in Botswana, THE COMP. & INT’L L. J. OF S. AFRICA 1, 1-3, (2013)
negative impact on a persons’ life, health and career. We have also seen media openly commenting
about religious sentiments of Rahul Gandhi, criticizing him. He is a politician, and it is in public
interest to report

about him, but that does not necessarily mean commenting about his personal life. These are the
times when journalists go overboard, and in the process of reporting matter, hurt the reputation of
people which takes a downhill. If not media, then who will be held responsible for all the
disrespectful remarks they issue.

Recent Defamation suits filed against journalists

Lately, we have seen an increase in the number of cases of defamation against media. It feels like,
at such a time, it is even more important for media to have a freedom, but it would affect the
reliability of the news. The right to freely express isn’t absolute and does not prevent any liabilities
attached to the abuse of such power3. Recently, Tejasvi Surya, a lawyer and BJP candidate filed a
defamation suit against media. The High Court ruled that citizens have a right to know about the
contesting candidate4 but does it interest people when the information they get is corrupted? The
weight of a defamation suit lies in credibility of the statement, and it is not in the interest of the
democracy in spreading false news about election candidates. There has also been a recent
defamation suit filed by the Bollywood industry in Delhi High Court against media claiming they
are openly defaming the entire Bollywood. The credibility and reliability of the news is yet to be
tested by the court, but it seems unfair to the actors who have no relation in these events getting
dragged to mud.

Conclusion

Although there has been some misuse of powers by media, their role in a democracy is of utmost
importance and their freedom should be guaranteed. Also, it is imperative for us to understand that
the media freedom is not absolute and whatever they publish and speak is subject to further
scrutiny. Media, in the past, and continues to go overboard and has prominent history of attacking
the reputation of people. Media should do their work with integrity and think about the dignity of an
individual before commenting about them. It is crucial for them to check the credibility of the news
source so that media becomes more reliable for the public. Defamation is a very important law to
protect individual interest and media is no exception to it. While freedom of press is important, so
are defamation laws and reputation in society.

3
K.D. Gaur, Constitutional Rights and Freedom of Media in India, J. OF THE INDIAN L. INST. 429, 430 (1994)

4
Aditya AK and Meera Emmanuel, How Indian courts have ruled on Press Freedom over the past year, BAR AND
BENCH, May 03, 2019,
https://www.barandbench.com/columns/how-indian-courts-have-ruled-on-press-freedom-over-the-past-year
 4

BIBLIOGRAPHY

1. Rutu Mistry, The Blurry Line Between Defamation and Role of Media, LEGAL SERVICE INDIA, Dec.
18, 2018,
http://www.legalserviceindia.com/legal/article-452-the-blurry-line-between-defamation-and-role-of-
media.html
2. Badala Tachilisa Balule, Striking a balance between media freedom and protection of reputation: the
defence of reasonable publication in Botswana, THE COMP. & INT’L L. J. OF S. AFRICA 1, 1-3, (2013)
3. K.D. Gaur, Constitutional Rights and Freedom of Media in India, J. OF THE INDIAN L. INST. 429, 430
(1994)
4. Aditya AK and Meera Emmanuel, How Indian courts have ruled on Press Freedom over the past
year, BAR AND BENCH, May 03, 2019,
https://www.barandbench.com/columns/how-indian-courts-have-ruled-on-press-freedom-over-the-
past-year