DEFAMATION

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Why The Supreme Court's Ruling On Criminal Defamation Is An Insult To Free Speech

The judgement of the Supreme Court in Subramanian Swamy v. Union of India conferred an overarching interpretation on the law of defamation, undermining free speech and rendering the law vulnerable to abuse. The court has upheld the constitutionality of criminal defamation, overlooking its historical background and the contemporary challenges to its application. Justices Dipak Misra and Prafulla C. Pant held that defamation is a reasonable restriction to the freedom of speech, and that imprisonment is a proportionate consequence of a deviation.