Tag: defamation
October 16, 2024
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Media Persons Cannot Be Prosecuted for Defamation for D...
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. ......
July 17, 2024
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
CHANGES IN LAW PERTAINING TO SEDITION, DEFAMATION AND I...
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. . . . ...
July 3, 2024
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Balancing Public Information and Media Truth with Indiv...
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"). ......
April 3, 2024
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Freedom of Speech Essential for Media Platforms: Suprem...
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. ...
March 6, 2024
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Certifying a Bold New Future: The Draft Cinematograph (...
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....
January 10, 2024
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
PRITAM CHAND V DR. KAMAL SAINI: DEFINING THE LIMITS OF...
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. ......
October 18, 2023
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Supreme Court’s Ruling on Dismissal of a Defamati...
In a recent judgement, M/S Iveco Magirus Brandschutztechnik Gmbh vs. Nirmal Kishore Bhartiya & Anr. , the Supreme Court held that nothing prevents the Magistrate from dismissing a defamation complaint by applying the exceptions under section 499 of the Indian Penal Code, 1860 ("IPC") even before summoning the accused. ...
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June 22, 2022
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Defamation and a Tale of Two Rules of Publication
Defamation is the act of intentionally injuring one’s character by false and malicious words in such a manner that it lowers or injures the reputation of that individual in the eyes of society or the community to which they belong. Traditionally defamation is of two varietals: libel and slander. ......
March 2, 2022
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Defamation Law in India: Debriefed
Under Indian law, defamation is both a criminal (punishable with imprisonment) as well as civil offence (punishable through the award of damages). Defamation as a civil offence is punishable under the law of torts, whereas, the criminal law on defamation is codified under the Indian Penal Code, 1860 ("IPC"). ......
The RBI Updated Master Directions on Foreign Investment for 2025
On January 20, 2025, the Reserve Bank of India ("RBI") introduced significant updates to its master directions on foreign investment in India ("Master Directions"). This move aims to provide clarity on various regulatory aspects, particularly concerning downstream investments by Foreign-Owned or Controlled Companies. ...
Madras HC clarifies on Method of Treatment of Animals
In a recent decision, the Madras High Court has clarified the scope of exclusion from patentability under Section 3(i) of the Indian Patents Act, 1970, pertaining to methods of treatment for animals, among other things. ...
Design Registration for GUIs
The registrability of graphical user interfaces (GUIs) has had a chequered past in India. This post discusses latest developments in this matter, including the fallout of a 2023 Calcutta High Court asking the Designs Office to reconsider an order rejecting the application for registering a GUI design. ...
E-Commerce – Principles and Guidelines for Self-Governance: Redefining Trust, Transparenc...
The Bureau of Indian Standards has released draft standards titled "E-commerce – Principles and Guidelines for Self-Governance" dated January 2025 (herein after referred to as the "Guidelines"). These Guidelines are imperative for the self-governance of e-commerce entities, ensuring fairness and transparency for all stakeholders including consumers and businesses. ...
HALF EMPTY OR HALF FULL: ALL A MATTER OF PERSPECTIVE
In a recent decision involving the reinstating of two civil judges in Madhya Pradesh, Justice Nagarathna of the Supreme Court made some key observations on the representation of women in the judiciary. ...
Delhi High Court lays down disclosure requirements for patent applications
The Delhi High Court clarifies that patent applicants must strictly comply with disclosure requirements in drafting complete specifications, and interprets the scope of Sections 3(c), 10(4) and 10(5) of the Patents Act in a recent decision. ...
Do Courts have the power to Modify Arbitral Awards?
On February 20, 2025, the Supreme Court of India ("Supreme Court") reserved its judgement on whether the powers of a court under Section 34 and Section 37 of the Arbitration and Conciliation Act, 1996 ("Act") extend to the modification of arbitral awards. The Supreme Court, while analysing precedents relating to these Sections, observed that some judgements have emphasized the lack of the courts. ...
MIB Issues Latest Advisory for OTT Platforms Amid Content Regulation Debate
Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ...
India’s Draft Guidelines On AYUSH Keep Traditional Knowledge And Innovations In Harmony
Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ...
RBI’s New Framework to Strengthen Payment Systems in India
Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ...
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