Tag: defamation

Defamation law in India is rooted in a few fundamental elements: (i) the statement must be false and defamatory; (ii) it must be published to someone other than the person defamed....

Recently, in the case of Google India Private Limited v. Nayana Krishna , the Karnataka High Court ("Court") examined whether a subsidiary company can be retained as a defendant......

In a recent judgment , the Delhi High Court ("Court") has examined whether hyperlinking to alleged defamatory content would amount to republication and therefore give rise to a fresh action for defamation under Section 499 of the Indian Penal Code, 1860. ......

Recently, the Kerala High Court ("Court") ruled that media persons, in discussing the contents of a publicly available book, cannot be prosecuted for defamation. The media persons, in conducting such discussions, would be exercising their freedom of speech through engaging in fair comment and criticism. ......

The Bharatiya Nyaya Sanhita, 2023 ("BNS"), the legislation that replaced the existing Indian Penal Code, 1860 ("IPC") was brought into effect on July 1, 2024. BNS while introducing various new offences also reformulates certain older provisions and introduces new nomenclature for some offences. . . . ...

In a recent judgment delivered on May 31, 2024 , the Delhi High Court ("Court") dismissed 2 (two) suits filed by an individual seeking compensation/damages for loss of his reputation, against the newspaper Hindustan Times and its publisher, editor and correspondent (hereinafter together referred to as the "Defendants"). ......

On March 22, 2024, a 3 (three) judge bench of the Supreme Court passed an order reiterating the importance of freedom of speech and expression, granted by Article 19(1)(a) of the Constitution of India, in relation to articles published by media platforms. ...

The Ministry of Information and Broadcasting ("MIB") amended and notified new provisions of the Cinematograph (Amendment) Act, 2023 on August 4, 2023. To enable such provisions the MIB has introduced the draft Cinematograph (Certification) Rules, 2024 ("Draft Certification Rules") and invited comments on the same....

The Jammu and Kashmir and Ladakh High Court ("J&K&L Court") in its recent order in Pritam Chand v Dr. Kamal Saini (CRMC No. 758/2017), stated that the press must refrain from publishing content in the newspaper that is manifestly defamatory in nature against an individual. ......