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AN OVERVIEW: CYBER DEFAMATION
Cyber Defamation is the term “defamation” is used to define the injury that is caused to the reputation of the person in the eyes of the third person. Cyber defamation is publishing of defamatory material against another person with the help of computers or internet.
Defamation can be understood as the wrongful and intentional publication of something either in the written or oral form about a person to harm his reputation in the society. For a statement to be considered as defamatory, the following essential elements must be fulfilled.
- There must be the publication of the defamatory statement, which means coming to the knowledge of a third party.
- The statement must refer only to the plaintiff
- The statement must be defamatory in nature.
2 TYPES OF DEFAMATION
Defamation is divided under two categories which are as follows-
- Slander – A defamatory statement spoken that means a verbal form of defamation.
- Libel – A statement that is defamatory and is published in a written form.
Thus, the fundamental distinction between both the types is the medium in which they are expressed that is, one is expressed in a written form while the other in oral form.
As, we all know the that social media involvement is increasing day by day among the people and with that cyber-crime is also increasing. This growth and freeness on the social media have allowed to express their views, opinion, thoughts, feelings freely on the social media.
Cyber defamation is a new concept but the traditional definition of defamation is injury caused to the reputation of a person in the eyes of a third person, and this injury can be done by verbal or written communication or through signs and visible representations. The statement must refer to the plaintiff, and the intention must be to lower the reputation of the person against whom the statement has been made. On the other hand, Cyber defamation involves defaming a person through a new and far more effective method such as the use of modern Electronic devices. It refers to the publishing of defamatory material against any person in cyberspace or with the help of computers or the Internet. If a person publishes any kind of defamatory statement against any other person on a website or sends E-mails containing defamatory material to that person to whom the statement has been made would tantamount to Cyber defamation.
LEGISLATION ON CBER DEFAMATION
- Indian Penal Code Sections-
- Section 499 of Indian Penal Code says that “Whoever by words either spoken or intended to be read or by signs and visual 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.”
- Section 500 of IPC provides for punishment wherein “any person held liable under section 499 will be punishable with imprisonment of two years or fine or both.”
- Section 469 deals with forgery. If anyone creates a false document or fake account by which it harms the reputation of a person. The punishment of this offence can extend up to 3 years and fine.
- Section 503 of IPC deals with the offence of criminal intimidation by use of electronic means to damage one’s reputation 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 suffered from the Cyber Defamation then that person can also file a complaint in the Cyber Investigation cell.
CASE LAWS FOR DEFAMATION
(1) Kalandi Charan Lenka vs State of Odisha on 16 January, 2017
https://indiankanoon.org/doc/73866393/
(2) Rajiv Dinesh Gadkari vs Smt. Nilangi Rajiv Gadkari on 16 October, 2009
https://indiankanoon.org/doc/1759047/
SUGESTIVE MEASURES
- The majority of Cyber-crimes need to be made non- bailable offences.
- Never reveal your home address. This rule is especially important for women.
- Password protect all accounts including cell phones, land lines, e-mail and credit cards etc. Change it every year and the secret questions should not be easily answered.
- Maintain stable social relationship.
- Awareness campaigns against cyber-crimes.
- Seminars and workshops should be organised for the better understanding.
- Beware of unsolicited calls and messages.
- Seeking help from woman assistance cells and NGOs.[i]
- Always remember to logout from any website or application when you are not using it.
- Try to avoid the use of others phones or laptops for personal use.
- There should be a digital police portal or E- portal where women can report their problems online.[ii]
CONCLUSION
There is a lot of information is given on the internet and day by day people are becoming more open to discuss their things and it becomes critical source of defamation. We, are having laws on the Cyber Defamation but they are not able to give its whole purpose. Many of the people in today’s world even don’t know that what to do when they suffered from cyber harassment, cyber defamation, cyber stalking and more other cyber related crimes. It’s important make everyone aware about all the Cyber related crimes so that they can take measures and don’t gey depressed or scared. Also, the defamation laws should be sufficiently to applied for all media. Then only it can catch the ratio of cybercrime of 21st century.
REFERENCES
[i]https://amritfoundationofindia.in/?gclid=Cj0KCQiAsvTxBRDkARIsAH4W_j99fgvazcq2M7QraRBqXmUsBmLg9wE6_zVA1_w8TS52PXOiRUZ1GLoaAl2eEALw_wcB
