National Law Institute University, Bhopal

Legal Consequences of online Defamation in India

Ankit Valdaya
1/28/2014

As the use of electronic medium like emails, social networking sites and other discussion groups
is increasing day by day to convey our thoughts and information in our daily life; peoples are
sharing their views and thoughts via them. Politicians are using them as a way to increase their
popularity and propagating their parities as well as these sites is becoming a platform of online
defamation. As it is always said that there are two faces of a coin so we can use social media in
creating a change in our social life also it can be used as platform to destroy the reputation of
anyone. The sting operations and posting the cartoon images of someone can be taken as an
example of it. In this project I have tried to cover the online defamation, how they take place and
what are its legal consequences in India.

Electronic copy available at: http://ssrn.com/abstract=2386983

INDEX
Topic

Page no.

1. INTRODUCTION

2. CATEGORIES OF ONLINE DEFAMATION

3. MEDIUMS OF ONLINE DEFAMATION

a. Social Networking website

b. Email

c. Website

d. Forum sites

e. Any discussion group

4. OFFENCES OF ONLINE DEFAMATION

a. Ridicule a Minister

b. Tagging on obscene photo

c. Using abusive words

d. Referring corrupt

e. Sending threatening message

f. Creating false document

5. PROVISIONS FOR ONLINE DEFAMATION

a. Section 66A of Information Technology Act, 2000

b. Section 499 of Indian Penal Code, 1860

c. Section 500 of Indian Penal Code, 1860

d. Section 503 of Indian Penal Code, 1860

e. Section 506 of Indian Penal Code, 1860

f. Section 469 of Indian Penal Code, 1860

g. Section 124A of Indian Penal Code, 1860

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6. IS DEFAMATION RELATED LAW VIOLATING THE CONSTITUTION OF INDIA

10

7. CASE STUDY

11

8. CONCLUSION

12

9. REFRENCES

13

Electronic copy available at: http://ssrn.com/abstract=2386983

INTRODUCTION:
Cyberspace is a term used for computer network where the communication takes place through
electronic medium. When two or more computers are connected together then this creates the
space for communication which is known as cyberspace. The crime done on the internet or
committed by using computer is known as cyber crime. Online defamation is also a cyber crime.
Defamation means harming the reputation of a person in the eyes of third person and this can be
done by words of mouth, written words, by signs or by visible representations of anything which
harms the reputation of the person. The defamatory statement can lower the reputation of the
person in eyes of public it may be caused intentionally or unintentionally. Defamation done in
cyber world is known as cyber defamation it is a new concept, in cyber defamation the
defamation is done through new medium or we can say virtual medium but the definition of
traditional defamation is also applicable to cyber defamation. Cyber defamation is also known as
online defamation.
In online defamation internet or computer is use to publish any defamatory material to harm the
reputation of any person. If someone sends an email to other person which contain defamatory
material or publish anything on website by which the reputation of a person get injured then this
would amount to cyber or online defamation. Cyber defamation not merely affects the welfare of
a community but as a whole. This type of defamation also affects the economy of country
depending on the victim against whom the defamatory statement is published and also depends
on the information which is published.
The online statements are accessible to public who uses online services, so the online defamation
may harm the dignity and injure the reputation of the victim. Sometime the author who publishes
the statement does not have control on it because duplication of the statement and author loss
control on publishing his statement on cyber world. If the statement is edited or deleted in very
short time after publishing it but it is possible that someone may be copied or mirrored it and
made it available in public which is difficult to take away. If the information is mirrored then it
may available in public even it is removed from the main or original source by the real writer.

CATEGORIES OF ONLINE DEFAMATION:

The cases falling under the online defamation have two main categories, these are
1. The person who primarily publishes the defamatory material in cyber space is liable for
online defamation like authors of Email and content provider of website. They are the
primary publisher who create the defamatory material and publish it on cyber world for
the purpose of online defamation.
2. The internet service provider is liable for online defamation cases and bulletin board
operator is also liable for it because they have to check the content before it is being
available in public.

MEDIUMS OF ONLINE DEFAMATION:

There are various medium by which the online defamation is committed these are

Social Networking website

Email

Any Website

Forum sites

Any discussion group

Social networking website:

Social networking website is the medium which is widely used for online defamation. There are
many social networking website where people can post, message and comment anything. This is
the place which is widely used for the purpose of online defamation because many number of
people visited it regularly and it is the best place for share anything what is in your mind. Many
people who do not know the law post some defamatory statement which harms the reputation of
other person. Some people write defamatory statement on comment which also harms the
reputation of other person.

Email:
Email is also a medium which is used for online defamation. Anyone can send defamatory
material with the help of email because people also regularly check their emails.

Website:
The author or the content creator of the website can use their website as a medium for online
defamation. Many people visited many websites and if any website contains some defamatory
material then it is used as a medium for purpose of online defamation.

Forum sites:
Forum sites are the sites where people can discuss anything. Many people also visited forum
sites and there is any defamatory material is publish by any user means that forum site is used as
a medium for the purpose of online defamation.

Any discussion group:

Discussion groups are the online groups where people discuss their problems and anything on
which they want help or to give help. Some people use it as a medium for the purpose of online
defamation by posting defamation material on that discussion group.

OFFENCES OF ONLINE DEFAMATION:

There are many types of offences which come under the online defamation these are
Ridicule any person on cyberspace:
When a person ridicule another person or group by message, post, comment etc and even like
and share such post on any social networking website then he done very serious offence and
could get in trouble. Ridiculing anyone could be illegal under the following laws:
a. Defamation - Section 499 of the Indian Penal Code
b. Sending offensive electronic messages - Section 66A of the Information Technology
Act
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Ridicule a Minister:
When a person ridicule a Minister or Government official by message, post, comment etc and
even like and share such post on facebook he done a very serious offence and could get in
trouble. Ridiculing a Government official or Minister on Facebook could be illegal under the
following laws:
a. Sedition - Section 124A of the Indian Penal Code
b. Defamation - Section 499 of the Indian Penal Code
c. Sending offensive electronic messages - Section 66A of the Information Technology
Act
Tagging on obscene photo:
When any person tagged his friend or anyone on an obscene photo with or without wrong
intension by which the person who is tagged on that photo losing his reputation can file the
case against the person who tagged him. Tagging on that offensive photo is equal to sending
offensive message on web. This comes under
a. Sending offensive electronic messages - Section 66A of the Information Technology
Act.
b. Defamation - Section 499 of the Indian Penal Code
Using abusive words:
The use of abusive language on cyberspace is serious offence and even uses of asterisk marks
in place of abusive words in any post, message or in comment is also a crime the person
losing his reputation because of the abusive words used by other person on cyberspace. This
offence is punishable under the following law:
a. Sending offensive electronic messages - Section 66A of the Information Technology
Act.
b. Defamation - Section 499 of the Indian Penal Code

Referring corrupt:
When a person refers a politician corrupt any social networking website then it is an offence
unless he is not finding guilty on corruption by the court of law. This is serious offence and
the punishment on it comes under the following law:
a. Defamation - Section 499 of the Indian Penal Code
b. Sending offensive electronic messages - Section 66A of the Information Technology
Act
Sending threatening message:
When any person sends a threatening message to anyone on any social networking website or
through email by which that person have to lose his reputation in the eyes of public it is also
a serious offence under following law:
a. Threatening message comes under sending offensive electronic messages - Section
66A of the Information Technology Act
b. Criminal intimidation Section 503 of Indian Penal Code
Creating false document:
When any false document or fake account is creating for the purpose of harming the reputation
of someone then this offence is punishable under:
a. Forgery for purpose of harming reputation Section 469 of Indian Penal Code

PROVISIONS FOR ONLINE DEFAMATION:

There are many provisions for online defamation it depends on offence that what type of offence
is done by the offender and as we already discuss above about the types of offences of online
defamation. Every offence of online defamation is not similar it depends on how much harm it
give to the victim. So in India there are various provisions for online defamation depending upon
the loss. The statutory provisions governing online defamation in India are as follows

Section 66A of Information Technology Act, 2000:

This section is not particularly deals with online defamation but it deals with the punishment of
sending offensive messages on cyberspace. The section 66A of IT Act says that

Any information that is grossly offensive or has menacing character; or

Any content information which he knows to be false, but for the purpose of causing
annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation,
enmity, hatred, or ill will, persistently makes by making use of such computer resource or
a communication device,

Any electronic mail or electronic mail message for the purpose of causing annoyance or
inconvenience or to deceive or to mislead the addressee or recipient about the origin of
such messages shall be punishable with imprisonment for a term which may extend to
three years and with fine. 1

Section 499 of Indian Penal Code, 1860:

This section purely deals with defamation in real world and with menace of cyber defamation.
The section 499 of IPC says that

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, except in the cases hereinafter excepted, to defame that
person.

The law of defamation under Section 499 got extended to "Speech" and "Documents" in
electronic form with the enactment of the Information Technology Act, 2000. 2

Section 500 of Indian Penal Code, 1860:

This section deals with the punishment of defamation (section 499 of Indian Penal Code). The
section 500 of IPC says that
1
2

Information Technology Act, 2000

Indian Penal Code, 1860

Whoever defames another shall be punished with simple imprisonment for a term which
may extend to two years, or with fine, or with both.3

Section 503 of Indian Penal Code, 1860:

This section deals with the criminal intimidation. This section covers the offences done by use of
computer devices through emails, posting messaging, commenting etc for intimidating the
reputation and for threatening anyone. The section 503 of Indian Penal Code says that

Whoever, threatens another with any injury to his person, reputation or property, or to the
person or reputation of any one in whom that person is interested, with intent to cause
alarm to that person, or to cause that person to do any act which he is not legally bound to
do, or to omit to do any act which that person is legally entitled to do, as the means of
avoiding the execution of such threats, commits criminal intimidation. 4

Section 506 of Indian Penal Code, 1860:

This section deals with the punishment for criminal intimidation (section 503 of Indian Penal
Code). The section 506 of IPC says that

Whoever commits the offence of criminal intimidation shall be punished with

imprisonment of either description for a term which may extend to two years, or with
fine, or with both.5

Section 469 of Indian Penal Code, 1860:

This section deals with the forgery, in this if anyone creates false document or fake account by
which it harms the reputation of a person then this offence comes under this section. Section 469
of Indian Penal code says that

Whoever commits forgery, intending that the document or electronic record forged shall
harm the reputation of any party, or knowing that it is likely to be used for that purpose

Indian Penal Code, 1860

Indian Penal Code, 1860
5
Indian Penal Code, 1860
4

shall be punished with imprisonment of either description for a term which may extend to
three years and shall also be liable to fine. 6

Section 124A Indian Penal Code, 1860:

This section deals with the sedition, in this when anyone ridicules a Minister or Government
official in cyberspace or in any other place then this offence come under this section. This
section says that

Whoever by words, either spoken or written, or by signs, or by visible representation, or

otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to
excite disaffection towards the Government established by law in India shall be punished
with imprisonment for life to which fine may be added, or with imprisonment which may
extend to three years, to which fine may be added, or with fine. 7

IS DEFAMATION RELATED LAW VIOLATING THE CONSTITUTION

OF INDIA?
As described by Rohas Napgpal in his article No, Article 19 of The Constitution of India gives
all Indian citizens the right to freedom of speech and expression. But, the Constitution of India
also allows the Government to make laws that impose reasonable restrictions on this
fundamental right for the following reasons:
1.
2.
3.
4.
5.
6.
7.
8.
9.

In the interests of the sovereignty and integrity of India,

In the interests of the security of the State,
In the interests of friendly relations with foreign States,
In the interests of public order,
In the interests of decency,
In the interests of morality,
In relation to contempt of court,
In relation to defamation or
In relation to incitement to an offence8

Indian Penal Code, 1860

Indian Penal Code, 1860
8
http://www.facebooklaw.in/do-the-facebook-related-laws-violate-the-constitution-of-india/ - visited on 24/01/2014
7

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CASE STUDY:
SMC Pneumatics (India) Pvt. Ltd. v. Jogesh Kwatra
In India's first case of cyber defamation, a Court of Delhi assumed jurisdiction over a matter
where reputation of corporate was being defamed through emails and passed an important exparte injunction.
In this case, the defendant Jogesh Kwatra being an employ of the plaintiff company started
sending derogatory, defamatory, obscene, vulgar, filthy and abusive emails to his employers as
also to different subsidiaries of the said company all over the world with the aim to defame the
company and its Managing Director Mr. R K Malhotra. The plaintiff filed a suit for permanent
injunction restraining the defendant from doing his illegal acts of sending derogatory emails to
the plaintiff.
On behalf of the plaintiffs it was contended that the emails sent by the defendant were distinctly
obscene, vulgar, abusive, intimidating, humiliating and defamatory in nature.
Counsel further argued that the aim of sending the said emails was to malign the high reputation
of the plaintiffs all over India and the world. He further contended that the acts of the defendant
in sending the emails had resulted in invasion of legal rights of the plaintiffs. Further the
defendant is under a duty not to send the aforesaid emails. It is pertinent to note that after the
plaintiff company discovered the said employee could be indulging in the matter of sending
abusive emails, the plaintiff terminated the services of the defendant.
After hearing detailed arguments of Counsel for Plaintiff, Hon'ble Judge of the Delhi High Court
passed an ex parte ad interim injunction observing that a prima facie case had been made out by
the plaintiff. Consequently, the Delhi High Court restrained the defendant from sending
derogatory, defamatory, obscene, vulgar, humiliating and abusive emails either to the plaintiffs
or to its sister subsidiaries all over the world including their Managing Directors and their Sales
and Marketing departments. Further, Hon'ble Judge also restrained the defendant from
Publishing, transmitting or causing to be published any information in the actual world as also in
cyberspace which is derogatory or defamatory or abusive of the plaintiffs. 9

http://www.mondaq.com/india/x/218890/Social+Media/Cyber+Defamation+In+Corporate+World -visited on 24/01/2014

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CONCLUSION:
Cyberspace is a place where people spend their most of the time. It is very good to share
anything but some people use it with wrong purpose like they are sending anything which injures
the reputation of other people, this is known as online defamation. Online defamation comes
under cybercrime. There are many laws for this type of offence but people have to know these
laws and think twice for what they are posting, there post may not be a defamatory material for
someone which harms reputation of others in the eye of general public. So according to me there
must be a system to make aware the people by which they learn what to do and what not to do in
cyberspace.

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REFRENCES:
1.

Cyber Defamation, can be retrieved from:

http://www.helplinelaw.com/docs/main.php3?id=CDII2 (Last visited on ,22/01/2014)

2. Do the facebook related laws violate the constitution of India Rohas Nagpal, 12 Sep,
2013 can be retrieved from : http://www.facebooklaw.in/do-the-facebook-related-lawsviolate-the-constitution-of-india/ (Last visited on, 24/01.2014)
3. Cyber Defamation in Corporate World Pradhumna Didwania, 31 January, 2013 can be
retrieved from:
http://www.mondaq.com/india/x/218890/Social+Media/Cyber+Defamation+In+Corporat
e+World (Last visited on 24/01/2014)
4. Online Defamation & various Legal Issues Vibhor Verdhan, 4 Sep, 2009 can be
retrieved from: http://www.legalserviceindia.com/article/l380-Online-Defamation.html
(Last visited on, 25/01/2014)
5. The Information Technology Act, 2000
6. The Indian Penal Code, 1860

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