THE GIST of Editorial for UPSC Exams : 26 May 2020 (Batting for free speech: On filing of defamation cases against press(The Hindu))

Batting for free speech: On filing of defamation cases against press(The Hindu)

Mains Paper 2:Polity
Prelims level: Provisions in the CrPC
Mains level: Curbing invoking of Provisions in the CrPC

Context:

• A feature of public life in Tamil Nadu in the last three decades has been the indiscriminateinstitution of criminal defamation proceedings against Opposition leaders and the media.
• It is no surprise, then, that the most comprehensive judgment on the limits of the State’s power to prosecute members of the press for defamation should come from the Madras High Court.
• The verdict of Justice Abdul Quddhose, quashing a series of defamation complaints filed since 2011-12, is remarkable for applying a set of principles that would firmly deterthe hasty and ill-advised resort to State-funded prosecution on behalf of public servants.

Curbing invoking of Provisions in the CrPC:

• The first principle is that the State should not impulsively invokeprovisions in the CrPC to get its public prosecutor to file defamation complaints in response to every report that contains criticism.
• The court deems such impulsive actions as amounting to throttlingdemocracy. It advises the government to have a higher threshold for invoking defamation provisions.
• It notes that each time a public servant feels defamed by a press report, it does not automatically give rise to a cause for asking the public prosecutor to initiate proceedings on her behalf.
• The statutory distinction between defaming a public servant as a person and as the State itself being defamed has to be maintained.

Cautioning Prosecutors:

• Justice Quddhose goes on to fault the government for according sanction to the initiation of cases through the prosecutors without explaining how the State has been defamed.
• He cautions prosecutors against acting like a post office, ................................................

CLICK HERE FOR FULL EDITORIAL (Only for Course Members)

‘Sullivan’ Rule of ‘Actual Malice’:

• A recent judgment by Justice G.R. Swaminathan enunciatedwhat is known in the United States as the ‘Sullivan’ rule of ‘actual malice’.
• While quashing a private complaint against a journalist and a newspaper, the judge said two of the exceptions to defamation given in Section 499 pertained to ‘public conduct of public servants’ and ‘conduct of any person on any public question’.
• This implied that the legislature itself believed that unless it is demonstrated that reporting on a public servant’s conduct or on a public question was vitiatedby malice, the question of defamation does not arise and that even inaccuracies in reporting need not occasion a prosecution for defamation.
• Within a matter of days, the HC has struck two blows for free speech and press freedom.

Conclusion:

• Reckless filing of criminal defamation cases against the press must end.

Online Coaching for UPSC PRE Exam

General Studies Pre. Cum Mains Study Materials

Prelims Questions:

Q1. With reference to the Eid-ul-Fitr, consider the following statements:
1. It is a celebration to mark the end of Ramadan/Ramzan, the holy month of fasting.
2. It is celebrated on the first day in the month of Shawwal.

Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: ..............................

CLICK HERE FOR FULL EDITORIAL (Only for Course Members)

Mains Questions:
Q1. Do you think reckless ..................................................