Defamation is the "communication of a false statement that harms someone's reputation". Where the Freedom of expression is the "Right to express oneself freely without fear of requital". These two Fundamental Rights are often in conflict, as defamation laws can be used to restrict freedom of expression Defamation laws are designed to protect people's reputation from being damaged by false statements.

However, defamation laws can also be used to silence critics and suppress important information. For example, a well reputated person in society may sue the newspaper or a journalist for publishing defamatory information on him which leads to reputation loss for him in society. But we do not know weather is that information is defamatory or real on him. This may show a disturbed effect on freedom of the press and make it difficult to hold the powerful accountable.

Also, the right to Expression is essential for a healthy democracy. Where the right to expression allows people to express their views openly, even if they are unpopular or controversial, it also allows for the free exchange of ideas, which is essential for innovation and progress.

The balance between defamation and freedom of expression is a complex one. There is no any easy answer to the question of how to protect both rights equally. It is also important to recognize that both rights are essential for a democratic society.

In general, defamation laws should be narrowly tailored and only used to protect against false statements that cause serious harm to someone's reputation. Freedom of expression, on the other hand, should be allowed to express their opinion freely, even if they are offensive or unpopular.

So, it should be important to balance the defamation and freedom of expression is a delicate one. Because these two are important and plays a key role in a democracy.

In this article we are going to focus one following issues:

1. What is defamation?
2. What is right to freedom of expression?
3. What is the impact of defamation law on freedom of speech and expression?
4. What is the view of the Supreme Court of India on defamation as a criminal offense?
5. What is the role of social media in defamation cases?
6. Some popular cases on defamation.

Defamation:

Defamation in Indian Penal Code is mentioned under the Section 499. Defamation is described as "whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes 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, is said, except in the cases hereinafter excepted, to defame that person".

In the above paragraph, it is clearly mention about Defamation which falls under the sec of 499 of IPC. Now, we will see what are the main ingredients required to consider a sentence as 'Defamatory'.

• The spoken or published sentence should "expose the plaintiff to hatred, contempt, ridicule, or obloquy"; or
• The spoken or published sentence should "tend to injure him in his profession or trade"; or
• The sentence should "cause him to be shunned or avoided by his neighbors.
   

Section 499 also mentions exceptions.
These include "imputation of truth" which is required for the "public good' and thus has to be published, on the public conduct of government officials, the conduct of any person touching any public question and merits of the public performance. Section 500 of Indian Penal code, which is on punishment for defamation, mentions that "whoever defames another shall be punished with simple imprisonment for a term which may extended to two years, or with fine, or with both."

In India, defamation is taken in both Civil and Criminal offence. The remedy for civil defamation is defined in law of torts - a person who is defamed can move either High Court or subordinate Courts and seek damages in the form of monetary compensation from the accused. Also, under 'sections 499 and 500 of the IPC'. Whereas the remedy for criminal defamation is "a person who is guilty of Criminal defamation can be sent to jail for two years".

Right To Freedom Of Speech And Expression:

Freedom of speech and expression is mentioned in the "Article 19(1) (a) speaks about all citizens shall have the right to freedom of speech and expression". The philosophy behind this Article is mentioned in the Preamble of the Constitution of India 'where a solemn resolve is made to secure to its entire citizen, their liberty of thought and expression'.3 The function of this right is, however, permitted to reasonable restrictions for some purposes being imposed under "Article 19 (2) of the Constitution of India".

The main elements of freedom of Speech and Expression:
There are four essential elements of the 'freedom of speech and expression'.

1. This right to freedom of speech and expression is available to a citizen of India; this is not applicable to any other persons who are not a citizen of India. Like; foreign nationals.
2. The "freedom of speech under Article 19(1)(a)" includes the right to express one's view and opinions about any kind of issue and it can be done through any kind of medium, such as by words of mouth, by writing, by printing, through picturisation or through a movie.
3. This right is not absolute as it allows the Government of India to make laws which can impose reasonable restriction in the cases which are involved with the sovereignty and integrity of India or the security of the state, or friendly relations with foreign nations, even public order, decorum and morality and contempt of Court, defamation and incitement to an offence.
4. Restrictions like above mentioned on the freedom of speech of any citizen may be imposed as much by an action of the state as by its inaction. Thus, if failure is found on the part of the state to guarantee to all its citizens the 'fundamental right to freedom of speech and expression would also constitute a violation of Article 19(1) (a)'.4

So, we can conclude that Right to freedom of speech and expression is a very important right to a citizen to express their opinions, view or idea on an issue. So, without this right no individual freely express their view in the democracy. It is the essential right in the democracy. Without this right the government can take their freedom by restricting them with misuse of power on the citizens. So, right to freedom of speech and expression is essential for a democracy.

A man is a social animal, being a social animal he or she gives importance to life. The essential part of their social life is Reputation. Where the men cares about it a lot. Because their name and fame plays a key role in society for getting respect from others. "Protecting reputation" is very important for them. Because it is very essential to them to live in a society.

So, for protection their reputation government had given a law to protect it. These laws are a defamatory law which explains 'Defamation' and give a remedy to an effected person. As we discussed before that Sections 499 to 502 of Indian Penal Code deals with the defamation.

Defamation is an offence of injuring a person's character, reputation or fame by false or malicious statement in front of the third person. Here injury must leads to loss of reputation and mere injury to feeling is not an injury. "Truth is a defence of defamation". The aim of defamation law is to protect an individual's character or feeling's from unwarranted or malefic attack or statement.

Chilling effect is a negative suppression to forbid from exercising the right to freedom of speech and expression. It is not censoring of free speech by the government, it has an impact of self- censorship. People are restraint of the consequence that the statement they are publishing may be factually incorrect. To be on the safer side, citizens generally restrain from any kind of engagement from the legal orate. 5

Defamation is also suppressing the right to freedom of speech and expression by showing that the words spoken by the others are causing reputation loss to them. Because of their strength there are filing a case against them. Where the other may can't afford and may not able to fight against them due to his or her financial situation or time taking process in Indian judiciary to give a decision. So, many people are restricting themselves because of these issues the others are enjoying the defamation laws with their strength.

The need to maintain balance between Article 21 and Article 19(1) with respect to defamation
It is very important to keep balance between the article 21 and Article 19(1). Both the articles are essential for a person to protect his reputation and freedom of speech and expression. To express his views and ideas as well as to restrain someone who are causing loss to his reputation.

Supreme Court stated that the "Right to Reputation was protected under the Article 21 of Indian Constitution" which protects "life and personal liberty" against interference by the state. This was given by Supreme Court by dismissing a petition filed by Subramanian swami challenging the validity of Section 499 of IPC, 1860.

The court also stated that Article 21 is used as a key to defame or malignant someone's reputation and can be treated as a serious threat to the future of constitutional rights. In spite of this, the court declared that the right to free speech under Article 19(1)(a) has to be balanced against the right to reputation which is in Article 21.

"The Supreme Court has always had an ambivalent relationship with freedom of speech and expression, treating free speech and expression, treating free speech more as an annoyance than a right. Its defamation law judgment continues that long, unfortunate history

View Of Supreme Court Of India On Defamation As A Criminal offence:

"Supreme Court said that Criminal defamation is Constitutional as long as the victim's reputation is not sacrificed on the altar of free speech". 6

The Court stated that notwithstanding the expansive and sweeping ambit of freedom of speech, like all rights, the right to freedom of speech and expression is "absolutely

sacrosanct" but "is not absolute". It is subject to the imposition of reasonable restrictions. It also said that the "reputation of a person is an integral part of the right to life" granted under the Article 21 and it cannot be allowed to be crucified at the altar of the other's right of free speech.

Role Of Social Media On Defamation Cases:

'Defamation in social media' "Social media is ways through this medium people stay connected with each other and have contact with friends, family members and different people from different communities. This can only possible through social media to connect different people from different places within few minutes of time whether they are from national or international spread.

In social media people usually share content related to different issues to each other. "Online defamation is also referred as cyber defamation". When we use "cyber defamation" - when someone is falsely accused of something in online which damages their reputation. This falsely statement should be made on internet or through social media like - Facebook, Instagram, LinkedIn's, etc. which includes a written word or any post and it is considered Libel. As well as social media and internet are amazing and very beneficial for an individual as well as for society as a whole it is very helpful in terms of the development and advancement of individual and for the whole country. But for everything must have some "pros and cons", we have to see both sides. Many people have realized that how easy it is for people to express their opinions on the internet. The people unintentionally or purposely

publish or leave comments that could be constructed as defamatory. For example we see many people are commenting on different issues in social media. Some times newspaper letters to the editor by commenting on articles in their papers.

Indian Laws On Internet Defamation

Already we have stated that Sec 499 of IPC is talking on defamation. In order to Sec 499, Sec 500 and Section 469, also Section 66A of Information Technology Act, 2000(over turned)

Section 469 of Indian Penal Code this section addresses fraud, which is when someone produces a phoney document or a fake account to ruin someone's reputation. This offence imposes a fine and a maximum jail term of three years".

Section 66A of Information technology Act, 2000 this is overturned by Supreme Court in the year of 2015. This law covers the penalties for sending "offensive" content or messages from any electronic device or any computers etc... The government began using the word "offensive" as a sword to suffocate freedom of Expression since it could not make clear where it stood on the issue. The entire clause was overturned by Supreme Court in 2015. 7

Some cases on Cyber Defamation:
Rajiv Dinesh Gadkari through P.A Depamala Gadkari vs. Smt. Nilangi Rajiv Gadkari

16/10/2009 8 - in this case, the respondent filed a law suit against her spouse for harassing her repeatedly by publishing offensive photos and slandering her after getting a divorce letter from him. The offence has been reported earlier, and the respondent (wife) has asked for maintenance in the amount of Rs. 750000 per month.

Kalandi Charan Lenka vs. State of Odisha 9 in this case the petitioner experienced ongoing stalking; the offender later made a false account for her and sent vulgar messages to the victim's acquaintances. The victims' hostel also had a photo of a morphing neck hanging on the wall. The court determined that the perpetrator had committed the offence.

Some famous cases on the Defamation:

1. Maneka Sanjay Gandhi and Anr vs. Rani Jethmalani, 1978
   Citation: 1979 AIR 468, 1979 SCR (2) 378
2. Badrinath vs. Government of Tamil Nadu and Ors
   Citation: AIR 2000 SC 324
3. Nikita Chauhan, "Social Media and Online Defamation" [2022] JLRJS - https://jlrjs.com/social-media-and-onlinedefamation/URL
   Accessed on (8 October 2023)
4. Rajiv Dinesh Gadkari through P.A. Depamala Gadkari vs. Smt Nilangi Rajiv Gadkari [AIR 2009, SC Family Court Appeal no.67]
   Accessed on (08 October 2023)
5. Kalandi Charan Lenka vs. State of Odisha [AIR 2016, SC 7596]
   Accessed on (09 October 2023)
6. Maneka Sanjay Gandhi and Anr vs. Rani Jethmalani, 1978 [1979 AIR 468]
7. Badrinath vs. Government of Tamil Nadu and Ors, 2000 [AIR 2000 SC 324]

Conclusion:
The relationship between defamation and freedom of speech and expression is a complex one. On the one hand, defamation laws are designed to protect individuals' reputation from false and harmful statements. On the other hand, freedom of speech and expression is essential for a democratic society. There is no easy solution to the challenge of balancing these two competing interests. However, it is important to recognize that both defamation laws and freedom of speech and expression play an important role in society.

Defamation laws help to protect people from being falsely accused of wrongdoing. They also help to determine people from making false and harmful statements about others. This can be important for maintaining public trust in institution. Freedom of speech and expression is essential for a democratic society. It allows people to express their views and opinions, even if those views are unpopular or controversial. This is important for promoting public debate and for holding the government accountable.

Also sometimes defamation laws are not always applied fairly. In some cases, defamation laws have been used to silence critics of the government or powerful individuals. For this we have to safeguards in place to protect freedom of speech and expression.

Bibliography:

1. Sec 499 of Indian Penal Code accessed on (07 October 2023)
2. Sec 500 of Indian Penal Code < INDIA CODE> accessed on (07 October 2023)
3. Article 19(1)(a). The Constitution of India, 1950.
4. Aditya Dubey, "Freedom of Speech and Expression under the Constitution of India" [2019] iPleaders https://blog.ipleaders.in/freedom-speech-expression-constitutionindia/URL accessed on (07 October 2023)
5. Nimisha Mishra, "Defamation Laws and Chilling Effect on Freedom of Speech and Expression" [2020] Lexpeeps https://www.google.com/amp/s/lexpeeps.in/defamation-laws-and-chilling-effect-on-freedom-of-speech-and-expression/html accessed on (07 October 2023)
6. Gagandeep Singh Narula, "Is Criminal Defamation Law against Article 19 and the Right to Reputation" 10 [October 2022] https://blog.ipleaders.in/is-criminal-defamation-law-against-article-19-and-the-right-to-reputation/html accessed on (08 October 2023)
7. Nikita Chauhan, "Social Media and Online Defamation" [2022] JLRJS <https://jlrjs.com/social-media-and-online-defamation/URL> accessed on (8 October 2023)
8. Rajiv Dinesh Gadkari through P.A. Depamala Gadkari vs. Smt Nilangi Rajiv Gadkari [AIR 2009, SC Family Court Appeal no.67] accessed on (08 October 2023)
9. Kalandi Charan Lenka vs. State of Odisha [AIR 2016, SC 7596] accessed on (09 October 2023)
10. Maneka Sanjay Gandhi and Anr vs. Rani Jethmalani, 1978 [1979 AIR 468]
11. Badrinath vs. Government of Tamil Nadu and Ors, 2000 [AIR 2000 SC 324]

End-Notes:

1. Sec 499 of Indian Penal Code accessed on (07 October 2023)
2. Sec 500 of Indian Penal Code < INDIA CODE> accessed on (07 October 2023)
3. Article 19(1)(a). The Constitution of India, 1950.
4. Aditya Dubey, "Freedom of Speech and Expression under the Constitution of India" [2019] iPleaders
5. https://blog.ipleaders.in/freedom-speech-expression-constitution-india/URL accessed on (07 October 2023)
6. 'The impact of Defamation Law on Freedom of Speech and Expression'
7. Nimisha Mishra, "Defamation Laws and chilling Effect on Freedom of Speech and Expression" [2020]
8. Lexpeeps: https://www.google.com/amp/s/lexpeeps.in/defamation-laws-and-chilling-effect-on-freedom-of-speech and-expression/html accessed on (07 October 2023)
9. Gagandeep Singh Narula, "Is Criminal Defamation Law against Article 19 and the Right to Reputation" 10 [October 2022]: https://blog.ipleaders.in/is-criminal-defamation-law-against-article-19-and-the-right-toreputation/html accessed on (08 October 2023)
10. Sec 500 of Indian Penal Code states that "any person who violates Section 499 or finds violating it will be charged under this section i.e. section 500. Punishment is mentioned in this section the culprit will be imprisoned for two years, a fine, or both."

Acknowledgment:
We would like to express our heartfelt gratitude to all those who have helped us to complete this research article. Specially to Prof. Raj Kiran Tripathy sir who provided valuable guidelines and supported to choose and work on this topic. Also we would like to extend our appreciation to all the people who had previously worked on this topic and created a way for all researcher's and learners in the form of sources. And also for all the friends in our batch for cooperating with us to complete this article.