Maharashtra Proposes Criminalizing Social Media Defamation
A Maharashtra government committee has recommended amending India's penal code (Bharatiya Nyaya Sanhita) to include defamatory social media posts.
A committee formed by the Maharashtra government has recommended amending the Bharatiya Nyaya Sanhita (BNS), India's penal code, to address defamatory content published on social media. The panel, established in May 2026 to explore legal avenues for online defamation, has submitted its proposal to the state's Law and Judiciary Department.
The committee favored amending the BNS, which falls under the Concurrent List, over altering state-specific laws or the central IT Act. This route is seen as more robust and likely to withstand legal challenges. The BNS already includes provisions for defamation but lacks specific reference to online content.
To address concerns that led to the Supreme Court striking down Section 66A of the IT Act in 2015, the committee has proposed safeguards. The new wording aims to incorporate the court's past objections regarding vagueness and overbreadth, ensuring it targets genuinely defamatory speech without stifling legitimate criticism.
Criminalizing social media posts could significantly impact public discourse in India, potentially turning civil defamation disputes into criminal matters. This move by Maharashtra will test the balance between curbing online abuse and protecting freedom of expression, especially given past issues with the misuse of similar laws.