Online Defamation And Cyberbullying
🌐 1. Concept of Online Defamation
Definition
Online defamation refers to the act of publishing false statements about an individual or an organization on the internet that harms their reputation.
It is essentially the digital version of traditional defamation, but it takes place through:
Social media posts, tweets, or comments
Blogs or websites
WhatsApp or email messages
Online reviews or YouTube videos
Legal Framework in India
Under Indian Law, defamation can be:
Civil Defamation: Under Law of Torts (compensation or injunction).
Criminal Defamation: Under Sections 499 and 500 of the Indian Penal Code (IPC).
In the context of online media, the Information Technology Act, 2000 also applies, especially:
Section 66A (struck down) — earlier used for offensive messages.
Section 67 — punishment for publishing or transmitting obscene material.
Section 79 — safe harbor provision for intermediaries like Facebook, Twitter, etc.
💻 2. Concept of Cyberbullying
Definition
Cyberbullying is the repeated use of electronic communication to harass, threaten, or intimidate someone.
This can involve:
Sending abusive messages or threats.
Spreading rumors or fake news online.
Sharing private or morphed images without consent.
Impersonating someone online.
Relevant Indian Laws
There is no specific “Cyberbullying Act” in India, but victims can seek justice under:
Section 354D IPC – stalking (including online stalking).
Section 509 IPC – insulting the modesty of a woman.
Section 66E IT Act – violation of privacy.
Section 67 IT Act – publishing obscene material.
⚖️ 3. Important Case Laws on Online Defamation and Cyberbullying
Case 1: SMC Pneumatics (India) Pvt. Ltd. v. Jogesh Kwatra (2002)
Court: Delhi High Court
Facts:
The defendant, a former employee, sent defamatory, abusive, and obscene emails to the company’s management and other employees.
These emails tarnished the company’s image and reputation.
Judgment:
The Delhi High Court granted an ex parte injunction restraining the defendant from sending such messages.
This was one of the first cases of cyber defamation in India.
Significance:
The court recognized emails as a medium for defamation.
It showed that defamation law applies equally to online communications.
Case 2: Swami Ramdev v. Facebook Inc. & Ors. (2019)
Court: Delhi High Court
Facts:
Videos and posts defaming Swami Ramdev were uploaded on Facebook, YouTube, and Twitter.
The issue arose whether the court could order removal of defamatory content globally, not just in India.
Judgment:
The Delhi High Court ordered global removal of the defamatory content, not just within India.
Platforms like Facebook and YouTube were directed to take down the content wherever it appeared.
Significance:
Established global jurisdiction for online defamation when harm is caused in India.
Reinforced responsibility of intermediaries under Section 79 IT Act.
Case 3: State of Tamil Nadu v. Suhas Katti (2004)
Court: Additional Chief Metropolitan Magistrate, Egmore, Chennai
Facts:
The accused posted obscene and defamatory content about a woman in a Yahoo message group, including her phone number.
The woman received obscene calls and suffered mental trauma.
Judgment:
The accused was found guilty under Sections 469, 509 IPC, and Section 67 of the IT Act, 2000.
He was sentenced to imprisonment and fine.
Significance:
This was the first conviction in India for cybercrime involving defamation and harassment online.
It proved that cyber defamation is punishable under both IPC and IT Act.
Case 4: Kalandi Charan Lenka v. State of Odisha (2017)
Court: Orissa High Court
Facts:
A college girl was harassed online by a person who created fake Facebook accounts using her morphed photographs and sent obscene messages.
The accused was charged under Sections 354A, 354D, 509 IPC, and Sections 66C, 66D, and 67 of the IT Act.
Judgment:
The court refused bail and emphasized the seriousness of cyberbullying and online harassment.
The court recognized cyberstalking as a grave offense affecting the victim’s dignity.
Significance:
Highlighted judicial sensitivity towards cyberbullying of women.
Reinforced that online harassment is punishable even when committed through fake profiles.
Case 5: Dharambir v. State of Haryana (2008)
Court: Delhi High Court
Facts:
The accused was charged with sending obscene, defamatory emails and messages.
The issue concerned the admissibility of electronic records as evidence.
Judgment:
The court held that electronic records are admissible under Sections 65A and 65B of the Indian Evidence Act.
The case reaffirmed that digital evidence is crucial in proving online defamation.
Significance:
Strengthened the evidentiary foundation for prosecuting online defamation.
Ensured digital records like emails, posts, and screenshots are valid proof.
🧾 4. Comparative Perspective
In other jurisdictions:
United States: Online defamation is subject to the First Amendment, balancing free speech and reputation.
United Kingdom: The Defamation Act 2013 introduces defenses like “truth,” “honest opinion,” and “public interest.”
Australia: Recent cases (e.g., Dylan Voller v. Fairfax Media, 2021) held that social media page owners can be liable for defamatory comments posted by users.
🧠 5. Conclusion
Online defamation and cyberbullying are growing legal challenges in the digital age.
Courts in India have shown increasing awareness and sensitivity towards victims, especially women, and have interpreted existing laws broadly to ensure justice.
However, stronger data protection, intermediary regulation, and digital literacy are necessary to curb such offences effectively.
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