Criminal Justice System
What is it?
Section 499 of IPC define criminal defamation and gives a punishment for a max of 2
A) UN special rapporteur on freedom of expression , the human rights committee of the international covenant on civil and political rights recommended for abolition of criminal defamation.
Other countries USA and UK , it is a civil suit
Why we need it?
A) state has a compelling interest to protect the dignity of its citizens.
B) on the Internet , where no pre censorship is difficult, it can create a deterrence
C) judicial system is not geared up for civil penalties and delays can not make it as a deterrence. Citizens are unlikely to have enough liquidity to pay damages for civil defamation.
D) there are enough exceptions to protect the freedom speech, if comments are in
public interest.slander serves no public purpose.
Why we need to do away with it?
A) it is not with in the scope of reasonable restrictions under freedom of speech and
B) state uses to coerce the media and political opponents .
C) magistrates tend to mechanically summon the defendants with out looking at exceptions listed.
D) criminal defamation gives undue advantage to the state and bureaucracy as cr p c provides for the prosecution to stand for them.
E)free speech restriction shall originate from the compelling state interest and not the private interest.
F) section 123, 125 of representation of people act ,1951 has exhaustive reasonable
restrictions to be imposed during elections.
-By : RAMBABU PALADUGU (La Excellence IAS)