Online Defamation Law in India

Online defamation law in India, though, is a new area to deal with; however, its link can be traced in some century old laws of India including Indian Penal Code (IPC). Besides, its link can also be traced in Indian Evidence Act, Criminal Procedure Code, etc. along with the exclusively legislated Information Technology Act.

What does Online Defamation Law Exactly Define?

Online defamation law (also known as cyber defamation law) defines the legal principles and regulations that govern and regulate defamatory statements made through digital platforms, such as online social media platforms. Defamation in the online context involves the publication of false and derogatory contents that potentially can damage the reputation or property (or both) of an individual, business, or entity using various online channels such as Facebook, twitter, blog websites, YouTube, LinkedIn, Instagram, etc.

Online Defamation Law

In India, online defamation is primarily addressed under Indian Penal Code, Indian Evidence Act, Criminal Procedure Code, Information Technology Act, etc.

Let’s discuss these rules in brief −

Indian Penal Code, 1960

Following are the provisions that regulate online defamation law −

• Section 499 of the Indian Penal Code − Section 499 of the Indian Penal Code defines defamation. As per this provision, any person, if making or publishing any imputation related to any person with the intention to harm their reputation or knowing that it would likely harm their reputation, it will be punishable under Section 500 of IPC.

• Section 500 of the Indian Penal Code (IPC) − Section 500 of IPC prescribes the punishment for defamation, which usually includes imprisonment or a fine, or both.

Indian Evidence Act, 1872

The Indian Evidence Act regulates in terms of admitting all such electronic evidence related to defamation case. It explains the legal framework for presenting digital evidence such as emails, chat records, and online posts in the respective court.

The Code of Criminal Procedure, 1973

The Code of Criminal Procedure or CrPC is a procedural law and hence describes the procedural aspects of criminal cases, including those related to defamation. It specifies the process of filing complaints, conducting investigations, and legal proceedings especially in case of defamation.

Information Technology Act: 2000

The Information Technology Act of 2000 or simply the IT Act is an exclusive legislation that comprehensively addresses offenses related to electronic data and information. But the Act largely deals with cybercrimes. However, certain provisions of the IT Act may be relevant in specific online defamation cases.

Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021:

The IT Rules, 2021, defines the comprehensive rules and guidelines especially for the intermediaries. For example, social media companies, and other digital entities like blogging websites, online forum, etc. Rule 3(1) places the responsibility on all such intermediaries and instructs them to follow a code of ethics and privacy policy including removing or disabling access to defamatory content.

Further, Rule 3 (2) instructs all the intermediaries to set up a Grievance redressal mechanism and acknowledge the complaint within twenty-four hours and dispose of such complaint within a period of fifteen days from the date of its receipt.

Conclusion

Moreover, online defamation law in India is a multifaceted legal framework that governs the issues of defamation committed through social media platforms or other online forums. Though prima facie, the case is civil in nature, but depending upon the situation and intent of defendant, it may be considered under criminal law defined under the section 499 and its punishment under section 500 of the Indian Penal Code. So, the legal landscape (for online defamation) extends to embrace both civil and criminal liability for perpetrators.

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, further defines the roles and responsibilities of online intermediaries in detail and instruct them to adhere to the code of ethics.

FAQs

1. Are there specific laws addressing online defamation in India?

Sections 499 and 500 of the Indian Penal Code (IPC) that describe defamation, are applicable for both online and offline defamation. Besides, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, impose responsibilities on online intermediaries to address defamatory content.

2. How is defamation punished in India?

If the case is filed under civil law, then civil court awards monetary fine to compensate the damage caused by the defendant. However, if the case filed under Section 500 of the IPC, then it prescribes the punishment for defamation, which may include imprisonment, a fine, or both.

3. Can intermediaries be held accountable for online defamation?

Yes, under the IT Rules, 2021, online intermediaries can be held accountable. Especially in a case, when any such intermediary failed to adhere to the prescribed code of ethics, such as not removing or disabling the defamatory content.

4. What role does the Indian Evidence Act play in online defamation cases?

The Indian Evidence Act is relevant, as it defines the auditability of electronic evidence in defamation cases. Further, it also provides the legal framework for presenting digital evidence such as emails, chat records, and online posts in court.

5. Is the right to reputation protected under Indian law?

Yes, the right to reputation is considered as one of the basic human rights, which can be easily correlated with fundamental right defined under Article 21 of the Indian Constitution, and courts may consider this right when adjudicating defamation cases.

6. How can individuals prove online defamation in court?

To prove any online defamation case, plaintiff needs to keep the record of defamatory evidence published online and can present in the court either live (if still available) or if it is removed then can present in the form of screenshots, time- stamps, or other digital evidence to establish the existence of defamatory content.

7. What steps should individuals take if they become victims of online defamation in India?

Prima facie, victim should keep the record of any such defamatory content in the form of screenshot, video recording, or saving as pdf. Secondly, can complaint to respective intermediary to remove the content. Thirdly, depending upon the severity and response from the intermediary, he or she can file the case of defamation either under civil law or criminal law (as suggested by the legal expert).