Assignment on….

ONLINE DEFAMATION: A LEGAL ANALYSIS

SUBMITTED TO SUMITTED BY

Sunil Kumar Kumari Diksha

Professor, School of Law Roll no- 01
Reg no- 11810889
Section- L1804
 ONLINE DEFAMATION: A LEGAL ANALYSIS

Abstract

As it has always been said that there are two facets of the coin so that we can use social
media to create change in our social life and it can be used as a platform to undermine
anyone’s dignity. Sting operations and sending cartoon images of someone else can be
considered as an example of it. In this project I have tried to cover up internet pollution, how
it happened and what its legal consequences are in India.

Keywords: online defamation, cyber defamation, defamation law in India, internet

defamation
Index
INTRODUCTION ..................................................................................................................... 4

What is Cyber Defamation and how is it different from Physical Defamation? ................... 4

CYBER DEFAMATION & FUNDAMENTAL RIGHTS ........................................................ 5

INDIAN POSITION: THE JOURNEY SO FAR ...................................................................... 5

What forms of defamatory publications are admissible by courts in India?.......................... 6

CASE ANALYSIS..................................................................................................................... 6

CONCLUSION .......................................................................................................................... 8

SUGGESTIONS ........................................................................................................................ 8

REFRENCES ............................................................................................................................. 9
 INTRODUCTION
Cyber-defamation publishes things that demean another person with the help of computers or
the Internet. If a person publishes a slanderous statement on another person's website or sends
an e-mail containing defamatory remarks to another person with the intent to defame that
person, the statement made may be tantamount to cyber bullying. Damage to a person by
publishing a defamatory statement on a website is widespread and cannot be remedied as
information is available worldwide. Cyber defamation affects the well-being of society as a
whole and not just the victim. It also has an impact on the country's economy according to
published information and the victim of such information.

What is Cyber Defamation and how is it different from Physical Defamation?

Defamation is defined under Section 499 of the Indian Penal Code (IPC) as any person, in
words spoken or intended to be read, or by symbols or visual representations, who makes or
publishes any statistics relating to a person intended to harm, or knowing or having reason to
believe that such calculation would be harmful, that person's reputation is said to be
tarnishing that person's reputation.

Defamation falls into two categories:

Libel - A derogatory statement published in written form. 1.

Slander - A derogatory statement made in a verbal (spoken) manner.

However, a derogatory statement does not mean degrading. The publication of this statement
is a prerequisite for gaining dignity.

Similarly, any such action that occurs in the cyber space leads to cyber defamation or
cyberbullying. Cyberbullying occurs when a computer connected to the Internet is used as a
tool, or as a means of defamation of a person or organization. For example: Publishing a
degrading statement on a social networking site such as Facebook, Twitter, etc., or sending e-
mails containing defamatory intent. In addition, given the wide range of internet coverage
and the level of information dissemination on this platform, it is difficult to determine the
extent of the damage.

1
https://www.mondaq.com/india/libel-defamation/793372/balancing-defamation-and-free-speech-notes-for-
the-publishing-industry
 CYBER DEFAMATION & FUNDAMENTAL RIGHTS
Freedom of Speech and Expression as enshrined in the Constitution under Article 19 (1) (a),
provides that all citizens shall retain the right to freedom of speech and expression. In any
case, that freedom depends on reasonable limits. The right to personal reputation under
Article 21 may not be granted or imposed on the altar of a person's right to freedom of
speech. Both need to be reconciled, for no harm can be done to the detriment of a person's
reputation. The recognition of another person falls under the category of reasonable
limitations and any comments or comments that interfere with the identity of another person
(unless the declaration applies) would accept the risk under the degrading law. In the
infamous case of Subramaniam Swamy v. Union of India, (2014)2 the petitioner stated that
any attempt to bind or bind public opinion, detection and criticism, by instituting criminal
prosecutions, would affect the life of a democracy. The Supreme Court, however, upheld the
constitutional legitimacy of criminal justice, saying that the right to freedom of expression
did not mean that one citizen could insult another.

INDIAN POSITION: THE JOURNEY SO FAR

It is both civil and crime wrong. An aggrieved person may file a criminal complaint for
prosecution of defamer or can sue him for damages. Withdrawal of a criminal complaint on
tender of apology is no bar to a civil action for libel unless there is a specific agreement
barring a civil action.3

Indian Penal Code

Section 499 of the Indian Penal Code states: “Any person who by word or expression or
intent to read or by signs and visual representations makes or publishes any statistics relating
to any person who intends to harm or know or has reason to believe that such disclosure
could damage that person's reputation. Following without insulting the person. ”

Section 500 of the IPC provides for a penalty where "any person convicted of an offense
under section 499 shall be liable to imprisonment for a term of two years or to a fine or to
both."

2
Subramaniam Swamy v. Union of India Case Number: WP (C) 184/2014
3
Govinda Charyulu v Sheshgiri Rao, AIR 1941 Mad 860 (861)
Section 469 deals with fraud. If anyone makes a false document or a false account those
damages a person's reputation. The penalty for this crime can be up to 3 years and is planned.

Section 503 of the IPC deals with the crime of intimidating crime through the use of
technology to undermine human dignity in society.

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 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.

CASE ANALYSIS
SMC Pneumatics (India) Pvt. V. Jogesh Kwatra

India's first case of cyber defamation; was reported when a company employee (defendant)
started sending abusive, defamatory and obscene emails through its Director. E-mails were
anonymous and frequent, and were sent to business partners to tarnish the image and
reputation of the complainant's company.

The plaintiff was able to identify the defendant with the help of a private computer specialist
and relocated to the Delhi High Court. The court issued an interim order and barred the
employee from sending, publishing and transmitting emails, insulting or defaming the
complainant4.

But the case was dismissed in 2007 after the applicant was unable to prove the case without
questioning the case.

Kalandi Charan Lenka Vs. Odisha Status - In this case, the applicant continued to be
attacked, and later a fake account was created and abusive messages were sent to friends by
the criminal. A nude photo of morphed on the walls of the hostel where the victim lives is
also inscribed. The court was convicted of the crime.

Recently in the case of Swami Ramdev v. Facebook Inc 263 (2019)5, Delhi High Court has
handed down international penalties for removing all abusive content posted online by a
plaintiff based on a book entitled "Godman to Tycoon-the untold story of Baba Ramdev",
without exception to the district, indicating that if is transferred to or from India in Computer
Resource, at which time Indian courts must have International Jurisdiction to transfer
Worldwide Injunctions.

Suo Motu Contempt Petition (Crl.) no. 1 of 2020 against Adv. Prashant Bhushan &
Anr.

The Supreme Court of India initiated suo moto contempt proceedings against public interest
lawyer and activist Prashant Bhushan, based on two tweets posted by him on social media
platform Twitter. The tweets, one of which was a comment on the Chief Justice of India
riding an expensive Harley-Davidson motorcycle belonging to a ruling party leader, and the
other, a critique on the Supreme Court’s role in destroying democracy in India, were viewed
by the Court as a ’malicious, scurrilous, calculated attack’ on the institution of administration
of justice. The Supreme Court declared that the tweets had the ‘effect of destabilizing the
very foundation of [this] important pillar of Indian democracy’ and held Prashant Bhushan
guilty of contempt of court. In response to a nationwide criticism of the judiciary’s attempt to
thwart free speech, the Court handed down a symbolic punishment sentencing him with a
nominal fine of Re. 1 (rupee 1).6

4
http://cyberlaws.net/cyberindia/defamation.htm acessed on 21/03/2021
5
Swami Ramdev v. Facebook Inc 263 (2019) DLT 689
6
https://globalfreedomofexpression.columbia.edu/cases/in-re-prashant-bhushan-twitter-communications-
india-pvt-ltd/
 CONCLUSION
The vast amount of information and easy access to the Internet makes it a delicate source of
degradation. After researching the aforementioned article, it can be said that India's current
legal status does not have a sufficient mechanism for cyber-defamation cases. Also,
defamation laws should be flexible enough to apply to all media. As a rule of thumb during
the Internet, it is very difficult to apply the 18th and 19th century criminal policy in the case
of the Internet in the 21st century. “With great power comes great responsibility” a common
phrase in popular culture from Spiderman's news lines well describes the state of the use of
technology and its potential misuse. With the advent of the internet, the opportunity for
communication has grown exponentially.

SUGGESTIONS
Force to handle cyber-crimes in State and Central domain consists of enforcement agencies
including police authority, and legal luminaries plus Law Ministry, Child and Women
Empowerment Ministry shall be established to exclusively bring in culprits to book and
expedite trials in court effectively to ensure effective implementation.

School teachers/Faculties, relatives and well-wishers should make children aware of the
consequences of browsing, searching for information and entering into the banned/restricted
contents or websites
 REFRENCES
 https://blog.ipleaders.in/cyber-defamation-india-issues/
 https://thedailyguardian.com/revisiting-cyber-defamation-laws-in-india-comparison-
with-english-law/
 http://lawtimesjournal.in/revisiting-cyber-defamation-laws-in-india-comparison-with-
english-law/
 https://www.latestlaws.com/articles/cyber-defamation-the-court-of-social-media/
 http://www.legalserviceindia.com/legal/article-1278-dimensions-of-cyber-
defamation-critical-study.html
 https://www.nolo.com/legal-encyclopedia/social-media-online-defamation.html