UNVEILING THE LAYERS 2 1

A SCRUTINY OF DEFAMATION JURISPRUDENCE IN THE INDIAN LEGAL LANDSCAPE

Abstract

This research article critically analyses the existing defamation laws in India and explores their implications on the cherished value of free speech. Defamation, as a multifaceted legal concept, plays a pivotal role in safeguarding individual reputation within the realm of freedom of speech. The delicate interplay between the right to express oneself and the need to protect one's reputation is crucial for maintaining a just and harmonious society. Through a comprehensive examination of defamation laws in India, this article delves into their intricate implications on freedom of speech, highlighting the potential chilling effect they may have on robust public discourse. It also explores the historical evolution of defamation laws in India, their relationship with constitutional rights, and compares them with defamation laws in other jurisdictions such as the United States and the United Kingdom. Furthermore, the article proposes measures to prevent the misuse of defamation laws as a tool to suppress dissent, including clear definitions of defamation, alternative dispute resolution mechanisms, and the consideration of anti-SLAPP legislation. By incorporating these reforms and recommendations, India can strive to establish a defamation framework that upholds the values of justice, fairness, and intellectual integrity while striking a delicate balance between protecting reputation and ensuring freedom of expression. Taking inspiration from international standards and comparative analysis with other jurisdictions, a more balanced defamation jurisprudence can be achieved, fostering a just and vibrant democratic society.