Cyber Defamation

The internet plays a central role in how we communicate, share information and interact with others. While this connectivity has many benefits, it also brings with it a new set of challenges, particularly in the aspects of defamation. Cyber defamation is one of them.

What is Cyber Defamation?

Cyber defamation, also known as online defamation, refers to the act of making false statements about someone on the internet that harm their reputation. This can include posting defamatory content on social media, blogs, forums or other online platforms.

Cyber defamation can take various forms, such as spreading rumours, making false accusations or posting negative reviews with the intent to harm someone’s reputation. It can have serious consequences, including damage to the victim’s personal or professional life, loss of job opportunities or mental health issues.

Laws regarding cyber defamation vary by jurisdiction, but in general, individuals can take legal action against those who defame them online. It’s important to be cautious about what you post online and to verify the accuracy of information before sharing it to avoid unintentionally defaming someone.

Types of Cyber Defamation

Cyber defamation encompasses a range of harmful behaviours that occur online, tarnishing reputations and causing emotional distress. Understanding the various types can help individuals recognise and address these issues more effectively.

Slander and Libel

Slander involves making false spoken statements about someone, while libel involves false written or printed statements. Both forms can damage reputations, with libel often occurring on social media, blogs and forums.

Cyberbullying

Cyberbullying includes online behaviours intended to harass or harm someone emotionally. Cyberbullies may spread rumours, post hurtful comments or engage in other harmful activities.

Revenge Porn

Sharing explicit images or videos of someone without their consent to harm their reputation is considered revenge porn. This act can have severe emotional and legal consequences.

False Reviews

Posting fake comments or testimonials online to damage someone’s reputation or promote a competitor’s business is a deceptive practice that undermines trust in online reviews.

Impersonation

Creating fake online profiles to spread false or damaging information about someone is a form of impersonation. This can lead to confusion and harm the victim’s reputation.

Hate Speech

While not always legally classified as defamation, hate speech involves making derogatory and false statements about individuals or groups based on their characteristics. It can lead to reputational harm and incite hatred.

False Allegations

Making false accusations against someone online, such as falsely accusing them of a crime, can seriously damage their reputation and lead to legal consequences.

Doxing

Publicly revealing someone’s private information, like their address or phone number, with the intent to harass or harm them is known as doxing. This invasion of privacy can have serious personal and professional repercussions.

Stalking and Harassment

Repeatedly harassing someone online through messages, comments or threats can damage their reputation and cause emotional distress. Persistent online harassment is a form of cyber defamation.

Liability in Cyber Defamation

In India, liability for cyber defamation can be enforced through both civil and criminal law.

Under the Indian Penal Code (IPC), Section 499 defines defamation as making or publishing any imputation concerning a person intending to harm or knowing it will harm their reputation. Section 500 provides for a punishment of up to two years imprisonment, a fine or both for defamation.

Additionally, Section 469 deals with forgery, punishing those who create false documents or accounts harming someone’s reputation, with imprisonment of up to three years and a fine.

Section 503 of the IPC addresses criminal intimidation through electronic means to damage one’s reputation.

The Information Technology Act, 2000, previously contained Section 66A, which penalised sending ‘offensive’ messages through electronic devices. However, this section was struck down by the Supreme Court in 2015 due to concerns over freedom of speech.

Victims of cyber defamation can report such offences to the cyber crime investigation cell, a unit of the Crime Investigation Department, for further action.

Problems and issues in Cyber Defamation

Cyber defamation poses several challenges due to the nature of online communication and the anonymity it affords. One major issue is identifying the perpetrator who intended to harm someone’s reputation or the third party who read the defamatory content.

This challenge is amplified on platforms like blogs where authors can choose to remain anonymous, making it difficult to ascertain their identity. Additionally, comments on blogs or news articles often lack real names or verifiable information, further complicating the identification process.

On social media platforms like Facebook, defamatory content can quickly spread to a wide audience, making it challenging to contain the damage caused to the victim’s reputation. Furthermore, the sheer volume of content on the internet makes it difficult to monitor and address instances of cyber defamation effectively.

Forms of Defamatory Publications Admissible by Courts in India

In India, courts consider electronic records, including those printed on paper or recorded in optical or magnetic media, as documents admissible in court under Sections 65A and 65B of the Indian Evidence Act.

This includes online chats and electronic mails, which can be presented as evidence in defamation cases. These provisions help courts in evaluating electronic evidence to determine the truthfulness of defamatory publications and hold accountable those responsible for damaging someone’s reputation through online mediums.

Cyber Defamation Cases

Kalandi Charan Lenka vs State of Odisha

In this case, the victim received indecent texts on her mobile device, followed by offensive messages to her father’s phone from an unidentified number. These messages caused significant mental distress to the victim.

Additionally, her character was defamed through written letters sent to her father in 2015 and 2016, containing sexual remarks. Furthermore, a false Facebook account was created in her name, posting modified naked photos, with the intention of offending her modesty.

Rajiv Dinesh Gadkari vs Smt. Nilangi Rajiv Gadkari

After the appellant requested a consent divorce, the respondent’s wife was harassed with filthy images and text posted on the appellant’s website. She filed a defamation case under the IT Act, leading to the offence being recorded against him. The respondent sought restitution of items and maintenance of Rs. 75,000 per month.

The appellant created obscene content for her profiles on various websites, including posting photos taken during her visit to Hawaii Island. She had to alert web hosting companies to remove the content.

Conclusion

Cyber defamation is a serious issue that can have far-reaching consequences for victims. By understanding the impact and legal implications of cyber defamation, we can work towards creating a safer and more responsible online environment for all.