Criminal Defamation And OTT Content In India: A Doctrinal And Case Law Analysis Of Fictional Portrayals Of Real Persons Under The Bharatiya Nyaya Sanhita, 2023
- IJLLR Journal
- 5 days ago
- 2 min read
Arya De, CHRIST (Deemed to be University), Bangalore
ABSTRACT
The accelerated growth of the Over-The-Top (OTT) platforms in India has changed the way the audio-visual stories are told, as the fictional and semi- fictional narratives have started basing on real people and current happenings. This has resulted in a new focus on the use of criminal defamation in Section 356 of the Bharatiya Nyaya Sanhita, 2023. Although the constitutional viability of criminal defamation has not been challenged, it is not the way that it is applied in dealing with fictional representations that presents unique doctrinal and procedural issues.
This paper will carry out a case law and doctrinal examination of Section 356 BNS, its components, statutory exceptions and how it functions by way of criminal process. Reviewing judicial rulings, such as Subramanian Swamy v. Union of India, Ashutosh Dubey v Netflix, Inc., and M.J. Akbar v. Ramani. These examine the interpretation of expressive contents under identifiability, intent and threshold scrutiny in court. A specific focus is made on the lack of a uniform judicial test to know when fictional characters are legally attributable to the actual individuals, and on the practical consequences of bringing criminal prosecution at an early phase.
Its further positioning as a subject of criminal sanction comes into comparative analysis with analogies of Nepal and the United Kingdom. In this paper, the main argument is that it is not the retention of criminal defamation that is at stake, but there needs to be a more well-formulated articulation of the doctrine and a disciplined procedural protection in the reprise of Section 356 on fictional OTT accounts. The study aims to make a contribution through the development of systematic judicial criteria in the effort to achieve a more foreseeable and logical use of criminal defamation within present-day media settings.
Keywords: Criminal Defamation; Section 356 BNS; OTT Platforms; Fictional Portrayals; Identifiability; Criminal Procedure
