The time to decriminalise defamation has come: SC

NEW DELHI: Agreeing to hear a plea filed by the organisation ' Foundation for Independent Journalism ' seeking to quash the summons issued to it in a criminal defamation case , Supreme Court on Monday said time has come to decriminalise the defamation law.

A bench of Justices M M Sundresh and Satish Chandra Sharma passed the remark while hearing the plea of the organisation which runs The Wire newsportal and its political affairs editor Ajoy Ashirwad Mahaprashasta. "I think time has come to decriminalise all this..." the bench said.

Senior advocate Kapil Sibal, appearing for them, said there were other petitions pending in the apex court on the issue, including the one filed by Congress MP Rahul Gandhi . The bench then tagged the petition to the pending ones.

The petitioners have challenged a trial court order issuing summons to them in a defamation case filed by professor Amita Singh of Jawaharlal Nehru University .

This is the second round of litigation on the alleged defamatory report published by the portal.

'Can't allow defamation law to be used for harassment'

In 2023, the Delhi HC had quashed the summons issued to them, but SC reversed HC's order and remanded the matter for fresh consideration before the trial court, which again issued a summons. The HC also upheld the summons.

The apex court had in 2016 examined and upheld the constitutional validity of the criminal defamation law under Section 499 of Indian Penal Code but had cautioned trial courts to be circumspect and judicious in issuing summons.

The court had said that the defamation law should not be allowed to be used as an instrument of oppression or needless harassment.

Section 356 of the Bharatiya Nyaya Sanhita criminalises defamation.