The Supreme Court’s suggestion to decriminalise India’s defamation law adds credence to a demand voiced for a long time. Its observation implies that criminal defamation is unjust and is being used as a tool to intimidate and harass people over extended periods of time. While making the observation, Justice MM Sundresh – leading the bench with Justice Satish Chandra Sharma – also expressed concern over the pendency of defamation cases.

The Court was hearing a petition filed by the Foundation for Independent Journalism, which runs a news portal, challenging a summons notice issued in connection with a defamation case arising from an article published in 2016. The apex court upheld criminal defamation as constitutional in a 2016 ruling that cited the need for protection of reputation under

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