“DEFAMATION VIS-À-VIS RIGHT TO FREEDOM OF SPEECH AND

EXPRESSION”

RESEARCH PROPOSAL SUBMITTED IN THE PARTIAL FULFILMENT OF THE COUSRE

TITLED

CRIMINAL LAW – I

FOR OBTAINING THE DEGREE OF BBA,.LLB(HONS.) DURING THE ACADEMIC

SESSION 2019-2020

SUBMITTED BY

NAME SANKET SHIVANSH

ROLL NO. 2036

SUBMITTED TO

FATHER PETER LADIS F.

LECTURER OF LAW

AUGUST, 2019

CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITHAPUR, PATNA-800001

1
 INTRODUCTION

Defamation in law is attacking a person’s reputation by communicating to a third party, a false

publication, tending to bring the intended person into disrepute. Section 499 of The Indian Penal
Code while defining defamation states that: “whoever, by word either spoken or intended to be
read, or by signs or by visible representations, makes or publishes any imputation concerning any
person intending to harm, or knowing or having reason to believe that such imputation will harm,
the reputation of such person, is said except in the cases hereinafter expected, to defame the
person”.

Defamation is of two kinds

1) Libel
2) Slander

However in India there is no such distinction. Libel and Slander both are criminal offences.

In India defamation is both a civil and criminal wrong. Section 499 of IPC deals with defamation
as criminal offence and Law of Torts deals with defamation as a civil wrong.

The Freedom of Speech and Expression conferred by Article 19(1) (a) has been accentuated as
the bulwark of democracy. It is one of the basic and vital rights for the sustenance of
parliamentary democracy, which is the part of the basic structure of the Constitution.

The Freedom of the Press is nowhere mentioned in the Indian constitution. The Right to Freedom
of Speech and Expression is provided in Article 19 of the Indian Constitution. It is believed that
Freedom of Speech and Expression in Article 19 of the Indian constitution include freedom of
the press. The status of freedom of the press is the same as that of an ordinary citizen.

2
AIMS AND OBJECTIVE

 To do a comparative study of defamation and freedom of speech and expression.

 To find out whether right to freedom of speech and expression and the offence of
defamation are contradictory to each other.
 To find out the extent to which press has freedom.

HYPOTHESIS

i. By taking the defense of Right to Freedom of Speech and Expression people tend to
defame other
ii. Press (media) take unnecessary advantage of the right of freedom to speech and
expression and under its protection they defame people.

RESEARCH QUESTION

 What is defamation?
 How is defamation different from other criminal offences?
 Is article 19(1) a of the Indian Constitution contradictory to section 499 of IPC?
 Does the provision of defamation curtail the freedom of press?
 Is article 19(1)a used excessively by the press and hence defaming people?

RESEARCH METHODOLOGY

The researcher will be relying on Doctrinal method of research to complete the project.

SOURCES OF DATA

The researcher has consulted following sources to complete the rough proposal:

3
SECONDARY SOURCES

BOOKS

 S. N Misra, The Indian penal code (Allahabad Law Agency 21) (1983)
 B. M Gandhi, Indian Penal Code (Eastern Book Co. 2) (2008)
 Ratanlal Ranchhoddas. et al., Ratanlal & Dhirajlal's The Indian penal code (Lexis Nexis
35)

WEBSITES

 Defamation and Freedom of Speech Oxfordscholarship.com,

https://www.oxfordscholarship.com/view/10.1093/acprof:oso/9780199204922.001.0001/
acprof-9780199204922 (last visited Aug 4, 2019)

REVIEW OF LITERATURE

4
LIMITATION OF THE STUDY

The researcher has knowledge, monetary and time limitations in completing this project.

SCOPE OF THE STUDY

TENTATIVE CHAPTERISATION

1. INTRODUCTION
2. DEFAMATION: CRIMINAL OFFENCE OR CIVIL WRONG
3. FREEDOM OF SPEECH AND EXPRESSION
4. THE CLASH BETWEEN DEFAMATION AND ARTICLE 19(1)a
5. SIGNIFICANT CASE LAWS
6. CONCLUSION ,CRITICISM AND SUGGESTION

BIBLIOGRAPHY

BOOKS

 S. N Misra, The Indian penal code (Allahabad Law Agency 21) (1983)
 B. M Gandhi, Indian Penal Code (Eastern Book Co. 2) (2008)
 Ratanlal Ranchhoddas. et al., Ratanlal & Dhirajlal's The Indian penal code (Lexis Nexis
35)

WEBSITES

5
 Defamation and Freedom of Speech Oxfordscholarship.com,
https://www.oxfordscholarship.com/view/10.1093/acprof:oso/9780199204922.001.0001/
acprof-9780199204922 (last visited Aug 4, 2019)