Abstract
In the present era of social media, where fame and reputation have become altogether an important asset forming a major source of wealth and power, protection of such asset has become all the more important. In such times, it becomes imperative to study the laws which govern the statutory protection given to an individual and the framework of defamatory laws which provide such protection. This article purports to give an insight on the provisions of defamation as given under the Indian Penal Code and the Bharatiya Nyaya Sanhita, whereby, the offense of defamation is defined, along with situations which provide the exceptions to such offense. Aside from an analysis of the provision, this article will also talk about the evolution of defamation laws and how the present framework came into existence. All inall, this article will be an account on the concept of defamation and its inner-relation with media trials, and how these two concepts form a major aspect in the decidi Golden Triangle of Fundamental rights. Of these, Article 21 deals with the most fundamental topics in relation to any human civilization i.e. the right to life. In the eyes of the Indian legal system, an individual’s life comprises of not just a physical trait of survival but alsoa right to lead their lives with dignity. Defamation is the breach of an individual’s right to dignity.Article 19 covers laws about a person’s liberties, which also include the right to privacy. Defamation is also a grave violationof an individual’s privacy, wherein an imputation may disclose information about a person’s private affairs which no individual would want to be made public.
Defamation in the general sense, is the offense of spreading such rumors or any false information about an individual that may affect his social life.Although the law defines this term in more comprehensively, this definition usually suffices asthe most generic explanation. This article purports to analyse the legal definition of the term ‘Defamation’ and the provisions related to it, dissecting the provisions in such way so as to better understand the legal viewpoint on the concept of defamation. This article will also provide a further explanation of the concept in view of media trials and how such undertakings by the media can defame an undertrial in any case.
Furthermore, this article also purports to study the evolution of defamation provisions in law and how it has come to become more comprehensive in the contemporary legal system. Defamation, in the legal viewpoint, has evolved in recent times to become more inclusive in nature over time, comprising of a better inclusion of the different platforms from where sharing and transmission of such defamatory information may take place.This shall include any precedential provisions in regard to media trials.
Aside from the evolution of the legal provisions, the viewpoint of the Courts in the procedural context, is also an important part of the holistic analysis of the concept. To understand the Courts’ views, we must better understand the landmark precedents aboutdefamation and how these precedents have shaped the current viewpoints of the Courts. This chapter will hold the most weightage in regard to media trial. Considering that laws do not explicitly define media trials, such a concept can only be studied through case laws and precedents.
At last, this article seeks to provide an analytical piece of literature, which not only comprises of information from trusted sources but also give its own input in regard to the concerned topic. Not only will such analysis prove to be useful in future research work but also serve as a comprehensive explanation of defamation to any newbie law enthusiast. Moreover, this part of article will also hold a special place for suggestions and recommendations where defamation can be avoided and how the judiciary can provide further fortifications for an individual’s reputation.
Media trials hold relevance in not only damaging the reputation of undertrials but also by derailing the procedure of the courts to provide justice. This article will devote a separate chapter discussing the same.