Cyber Defamation / Defamation on social media law in INDIA | Go Legal | Legal Tip
HTML-код
- Опубликовано: 10 дек 2020
- The accessibility of internet to common man has changed everyone’s lives. The platform provided by the internet has made human interaction easier than ever before. However, such increase in convenience of communication has proportionally increased the inconvenience caused by the abuse of the mediums of communication. Removing barriers to freedom of interaction, has given unfettered capabilities, primarily on social networking sites, to people who post unnecessary and false statements about a person or an entity and thereby harming their goodwill and reputation. Such an act, though colloquially known as “trolls”, actually amounts to cyber defamation.
What is Cyber Defamation and how is it different from Physical Defamation?
Defamation has been defined under Section 499 of the Indian Penal Code (IPC) as whoever, by words either spoken or intended to be read, or by signs or by visible 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 to defame that person.
Defamation falls into two categories:
Libel - A defamatory statement published in a written form.
Slander - A defamatory statement made in a verbal form (spoken).
However, a mere defamatory statement does not amount to defamation. The publication of such statement is a pre-requisite to establish defamation.
Similarly, any such act taking place on the cyber space leads to cyber defamation or online defamation. Cyber defamation occurs when a computer connected to the internet is used as a tool, or a medium to defame a person or an entity. For example: Publishing of a defamatory statement against a person on a social networking site such as Facebook, Twitter, etc., or sending of emails containing defamatory content about a person with the intention to defame him / her. Further, given the broad coverage of internet and the rate of dissemination of information on this platform, it is difficult to ascertain the extent of damage in any monetary value.
Although, the medium of committing this act in the physical and digital world are different, the law of defamation applies the same. The liability regarding cyber defamation in India can be:
On the author of the defamatory material online;
On the service provider or an intermediary. However, it is pertinent to note that as per Section 79 of the Information Technology Act, 2000, an intermediary shall not be liable if it does not initiate or modify such defamatory content but merely acts as a facilitator. Further, this protection is also subject to the condition that the intermediary shall comply with the due diligence and Intermediary Guidelines requirements issued by the Central Government and also remove such unlawful content on being notified by the appropriate Government or its agency or upon receiving actual knowledge.
Defamation v. Free Speech
Freedom of Speech and Expression, as provided by the Constitution under Article 19 (1) (a), provides that all citizens shall have the right to freedom of speech and expression. However, such freedom is subject to reasonable restriction. The protection of reputation of another person falls within the ambit of reasonable restriction and any comment or remark which hampers the reputation of another person (unless the statement is true) would invite liability under the law of defamation.
**********************************************
HOW TO WRITE CRIMINAL JUDGMENT • JUDGMENT WRITING CLASS...
Judgment Writing Playlist
• Judgment Writing
Civil Procedure Code Playlist
• Civil Procedure Code
Indian Evidence Act Playlist
• Indian Evidence Act
Indian Penal Code Playlist
• Indian Penal Code
Criminal Procedure Code Playlist
• Criminal Procedure Code
Previous year Question papers Playlist
• Previous Year question...
Specific Relief Act Playlist
• Specific Relief Act
Limitation Act Playlist
• Limitation Act, 1963
Thank you for Watching GO LEGAL
JOIN US FOR PAID ONLINE CLASSES
For more information
Contact : 8383843679 (whtsapp only )
Gmail: contactgolegal@gmail.com
sir, can you please mention some important case laws related to cyber defamation
Some one has commeneted bad about my store on google review, i have a clothing store she has written that the fabric got dull and shrinked @1st wash. She also called us liars on the review. I dont even know wheter she is a customer or not ,i have replied to her stating to whatsapp picture of the product and if its genuine i will refund or get it exchnaged but there is no reply from her side therefore i am planning to put a defamation case against her
great
Amazing
Dear Sir, If statement, information or comment is true then it will be a case of defamation ?
Google review par bhi ye lagoo hai kya sir
Sir, section bhi diya kare to subdha hogi
Easily explained 😇
क्या किसी कंपनी का नाम अपने whatsaap (about) में लिखना भी डिफामेशन है
Now this law annulled?
can a person who is abusing convey through facebook messages personal and to the other person
9:09 bro is a spiderman fan🗿🗿
My wife wrote against me on Facebook.facebook not reply for cyber crime complaint
TOH BASICALLY BOLE KI NAI ?🤣🤣
Hey nice video.
I have posted a review about a pvt company regarding the manipulation going within the company which I have written on Google review.
Now the company is filing a defamation case against me because they are saying it has damaged their company reputation and they have lost valuable business
In this case defamation hoga ?
Yes they have a right to file defamation against you but you also have a number of defences.
Hello Sir,
I have a below query, if you can provide your valuable inputs on the same, that would be great:
Can we get a legal notice from any FMCG company for the products that we are showing on our website stating that this product contains some harmful ingredients and suggesting people to avoid them?
Actually this is just for education purposes only and to educate the society. It would be beneficial for the society. So any content/information that can be helpful for the society but can harm the product owned company, is this considered as defamation?
If this is considered defamation then how can we avoid this?
If your information is correct and it is for public interest..there is no defamation..but yes company can also send you notice ..but if you consider that you have strong defence against them you can carry on educating people..
Thank you! Sir@@advocate.416