All You Need to Know about Cyber Defamation / Internet Defamation

The growth and development of technology have brought a drastic change in the world. The Internet has made many things far easier for all of us through various social networking sites. Whether it is communication or access to information, these things have become a piece of cake for all of us. But these facilities may sometimes lead to misuse also. As users can publish and disseminate information through these social networking sites, Defamation has become a subject of concern. With the rise of so-called trends of sharing or posting information or pictures on certain social networking sites and commenting on them have increased the risk of Cyber Defamation / Internet Defamation.

What is Cyber Defamation?

Defamation can be understood as the wrongful and intentional publication of something either in the written or oral form about a person to harm his reputation in the society. For a statement to be considered as defamatory, the following essential elements must be fulfilled:

• a publication to one other than the person defamed.
• a false statement of fact.
• that is understood as
  1. being of and concerning the plaintiff; and
  2. tending to harm the reputation of plaintiff.

We are in a world where name-calling, commenting on someone’s looks, financial status, family, work, etc. and bringing him to a vulnerable state in the society has become a regular task. You do not even have to know the person before you bring him to the platform of social media defamation. Every social media site gives you the freedom to express your opinion, giving you the right to comment. This privilege took the form of bullying and now is an easy tool in the hands of every potential cyber-criminal. Now we do not even need to leave our seat to make a crass comment about somebody. You can do it all from the safety of your house. But one thing you should remember before making a derogatory comment is that social media defamation is a cyber-crime.

Internet has Law Against Cyber Defamation

In India, the law of cyber defamation falls under Section 499. The law has been extended to electronic documents. Section 500 of IPC provides for punishment against cyber defamation. A person found guilty of cyber defamation under Section 499 is punishable under section 500. This punishment may consist of imprisonment of 2 years or fine. In case you are unlucky, you might get punished with both imprisonment and fine for social media defamation.

Liability in Cyber Defamation

In India, a person can be made liable for defamation both under civil and criminal law.

1. Indian Penal Code

Section 499 of Indian Penal Code says that “Whoever by words either spoken or intended to be read or by signs and visual representations makes or publishes any imputation concerning any person intending to harm or knowing or having reason to believe that such imputation will harm the reputation of such person is said, except in the cases hereinafter expected to defame that person.”

Section 500 of IPC provides for punishment wherein “any person held liable under section 499 will be punishable with imprisonment of two years or fine or both.”

Section 469 deals with forgery. If anyone creates a false, document or fake account by which it harms the reputation of a person. The punishment of this offence can extend up to 3 years and fine.

Section 503 of IPC deals with the offence of criminal intimidation by use of electronic means to damage one’s reputation in society.

2. Information Technology Act, 2000

Section 66A, Information Technology Act,2000 – This law has been struck down by Supreme Court in the year 2015. The section defined punishment for sending ‘offensive’ messages through a computer, mobile or tablet. Since the government did not clarify the word ‘offensive’. The government started using it as a tool to repress freedom of speech. In 2015, the whole section was quashed by the Supreme Court.

If a person has been defamed in cyberspace, he can make a complaint to the cyber-crime investigation cell. It is a unit of the Crime Investigation Department.

What forms of defamatory publications are admissible by courts in India?

As per section 65A and 65B of the Indian Evidence Act –

1. Any electronic record printed on a paper or recorded or copied in optical or magnetic media shall be considered as a document and shall be admissible by court.
2. Online chats are also admissible.
3. Electronic mails are also admissible.

Check out How to Respond for Personal Attacks on Social Media?