Article 19(1)(a) of the Constitution guarantees freedom of speech and expression, including press freedom. However, Article 19(2) explicitly permits "reasonable restrictions" on this freedom in the interest of, among other things, defamation. Press freedom is not a shield against publishing provably false factual claims.
Does Press Freedom Protect Defamatory Articles?
Indian courts have consistently held that the media has the right to criticise and report, but not the right to publish false statements of fact as if they were true, especially when those statements are made recklessly or with malice.
Retraction vs Removal: What You Can Demand
A retraction is a correction published by the same outlet acknowledging the error. A removal takes the article offline entirely. Courts have ordered both, and the appropriate remedy depends on the severity of the defamation and the time elapsed.
Where an article remains live and continues to appear in Google search results, courts have granted injunctions directing both the publisher and Google to remove the content. The Right to be Forgotten, while not yet codified in India, has been applied by courts in specific privacy-linked cases.
The Right to Be Forgotten in Indian Courts
Though India does not yet have a comprehensive personal data protection law in force for this purpose, courts have drawn on the Puttaswamy judgment (right to privacy as a fundamental right) to order news portals to de-index or remove old articles — particularly where the person featured was acquitted of charges or the article was based on subsequently disproved allegations.
The Karnataka High Court and Delhi High Court have both applied right-to-be-forgotten principles to news articles. These orders require detailed petitions and do not apply to matters of genuine ongoing public interest.
Practical Steps to Take
First, send a legal notice to the editor and publisher identifying the specific false statements and demanding correction or removal within 15 days. This creates a record of knowledge, which is relevant to any damages claim.
If the notice is ignored, file a civil suit for defamation with an application for an interim injunction. Simultaneously, submit a complaint to the Press Council of India (for print publications) or the News Broadcasters Standards Authority for television. For digital portals, the IT Rules 2021 grievance mechanism applies.
RepuLex Editorial
RepuLex's editorial team comprises senior advocates, legal researchers, and ORM strategists with over a decade of combined experience in online reputation law in India.