Supreme Court Indicates Shift in Approach Towards Criminalisation of Defamation
Protection of Reputation Being Weaponised to Suppress Dissent and Criticism
2025-09-24 16:17
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The tension between freedom of expression and protection of reputation is both inevitable and delicate. Speech rights lie at the core of democratic governance, enabling citizens to critique, dissent, and challenge power. But reputation, dignity, and the risk of false or malicious harm also matter, and the law seeks to mediate between these competing values. What is troubling, however, is the growing trend of using defamation – especially criminal defamation – not as a last-resort remedy for real injury, but as a tool of suppression. And when this become a tool in the hands of the government, it is all the more dangerous. In that sense, it becomes a gag rather than a guardrail. The observation by the Supreme Court the other day that the time may have come to decriminalise defamation is not merely timely; it is essential if freedom of expression is to retain its meaning in a technologically connected, hypercritical age.