September 23, 2025 New Delhi — The Supreme Court of India has begun deliberations on a pivotal legal challenge that could reshape the country’s defamation framework. The case, which stems from criminal defamation proceedings against independent news outlet The Wire, has prompted the apex court to examine whether defamation should remain a criminal offense under Indian law.
A bench led by Justice Sanjay Kishan Kaul is reviewing petitions that argue criminal defamation under Sections 499 and 500 of the Indian Penal Code violates the constitutional right to free speech and press freedom. The petitioners contend that civil remedies are sufficient to address reputational harm and that criminal penalties have a chilling effect on journalism and public discourse.
The case against The Wire involves allegations of defamation filed by a public figure over a series of investigative reports. The publication has maintained that its reporting was in the public interest and backed by verified sources. Legal experts say the outcome of this case could have far-reaching implications for media organizations, whistleblowers, and activists.
During the hearing, the bench acknowledged the need to balance the right to reputation with the fundamental right to expression. Justice Kaul remarked, “In a democracy, criticism—even if harsh—must be protected. Criminalizing defamation may not be the proportional response.”
The Attorney General’s office, representing the government, has defended the existing law, citing its role in protecting individuals from malicious attacks. However, the court has asked for detailed submissions on international practices and the effectiveness of civil defamation mechanisms.
The matter has been posted for further hearing next month, with stakeholders from media, legal, and civil society circles closely watching the proceedings.
