The Supreme Court has upheld the constitutional validity of penal provisions on defamation law, observing that the right to freedom of speech is “not an absolute right“. The bench passed the judgement on a batch of petitions filed by Congress Vice President Rahul Gandhi, Delhi Chief Minister Arvind Kejriwal, BJP leader Subramanian Swamy and others.

Sections 499 and 500 of the IPC, dealing with the criminal defamation, and section 119 of the Code of Criminal Procedure are constitutionally valid, the court ruled. Section 500 deals with the provision of punishment for defamation which entails upto two years imprisonment or fine or both.

The constitutional validity of penal laws on defamation was challenged on the ground that they are “outmoded” and inconsistent with right to freedom of speech and expression. The pleas had sought setting aside of sections 499 and 500 (defamation) of the IPC and suggested that there is a need to decriminalise penal provision for offence of defamation.