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UNDERSTANDING DEFAMATION ON SOCIAL MEDIA

Yashawini Manasa

The ease of sharing information, in lieu of freedom of speech, has provided the users to interact without any barriers. However, this freedom is sometimes misused by commonly called 'trolls' who post unnecessary, false statements about someone, harming their reputation and defaming them.


Defamation is a statement that communicates a false statement that unjustly harms their reputation. It has been defined under Section 499 of Indian Penal Code (IPC). Any person held liable under section 499 will be punishable with imprisonment of two years or fine or both. It is pertinent to note that the law has been extended to "electronic documents".


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.


ELEMENTS OF A DEFAMATION

  1. The statement should have shunned or disparaged the plaintiff by the standard of the ordinary, right thinking members of the society at the relevant time and must refer specifically to the plaintiff.

  2. The statement must be published.

  3. Statement made known to a third person.

  4. With respect to public figures, there is an additional requirement to prove that the representation was precipitated by malice [R Rajagopal v. State of Tamil Nadu, AIR 1995 SC 264].

LIABILITY

The liability for social media defamation can be:

  • On the author of the defamatory material online;

  • On the service provider or an intermediary. However, as per Section 79 of the IT Act (2000), publication of defamatory content, Indian courts have accepted that any such re-publication will give rise to a new action for defamation.

FURTHER ACTION:

For a civil suit, an offended person can approach the district or high courts to get the recovery in the form of monetary compensation for the damages from the accused person.

Any person aggrieved of cyber defamation can lodge a complaint to the Cyber Crime Investigation Cell at the “National Cyber Crime Reporting Portal” (online).

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