In this growing digital world, now every type of news reaches people easily, and with the same ease, people post their opinions on those news or reports in a moment. It is true that this growing digital world provides people an effective way to express their thoughts and feelings. But this very method is not always right, especially when people share their opinions and thoughts without thinking, which can sometimes prove to be harmful.
Sometimes people share things on social media that they would not say personally to someone. This is the point where online defamation (defamation on social media) begins. Offensive and false statements made on social media can harm the reputation of any individual or organization, because this information spreads rapidly and its impact is widespread.
It is accepted that this digital world gives people the right to ‘Freedom of Expression’, but it is also true that this easy method can sometimes hurt people’s emotions, especially when that information is false or offensive. Understanding the seriousness of such information, there is a need for laws to prevent defamation occurring on social media (online defamation).
What is Defamation?
The simple meaning of defamation is spreading false information about any person or organization, which affects the reputation of that person or organization.
According to Section 499 IPC 1860 / 354 BNS 2023, defamation is the act of publishing or speaking something about a person which can harm their reputation.
Defamation is defined in two ways:
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Slander: Speaking falsely about a person or organization or insulting them through gestures.
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Libel: Writing or publishing something about a person or organization, which also includes posts like online defamation (defamation on social media).
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However, it is necessary to prove the defamation false, and also the person or organization that has been defamed has to prove that the information is not true. But some things do not fall into this category, if the information is for public interest or is promoting truth through criticism.
Challenges arising from social media
Social media, which is a major part of this changing and growing digital world, helps in spreading every type of content rapidly, even if it is offensive (defamatory) content. There are some social media platforms on which false statements and content go viral quickly, and also the identity of the person giving the false statement is not visible, due to which it becomes a bit difficult to catch that person. Because of this, without identifying the offensive content, no legal action can be taken on it.
Defamation in the form of memes, viral videos, or satirical posts can blur the line between laughter and harm.
It is very important to know the truth of any type of content before sharing it, because sharing content without knowledge can cause great harm. Online harassment, cyberbullying, and fake news often harm reputation, creating new legal challenges for online defamation (defamation on social media) laws.
Relevant legal provisions in India
There are some important legal provisions in India which define defamation and mention the penalties related to it.
Section 499 IPC / 354 BNS defines defamation and Section 500 IPC tells what kind of punishment a person can get if it is proven that he made false statements or published them about a person.
Apart from this, the Information Technology (IT) Act, 2000 determines what types of online defamation (defamation on social media) should not be considered as defamation, and it also requires social media platforms to follow rules. Additionally, the Intermediary Guidelines and Digital Media Ethics Code made by the Ministry of Electronics and Information Technology in 2021 directs that social media platforms should promptly prevent harmful content from being published, and should inform law enforcement agencies against those trying to spread false or harmful information. Also, they should cooperate in removing or stopping posts related to defamation.
Role of social media platforms
According to the IT Act 2000, social media platforms work as intermediaries. According to Section 79, which comes under the safe harbor provision, social media apps cannot be held responsible for any content published by users, if the user has been informed that their posted content may be offensive. However, according to the new guidelines, now it will be mandatory for social media platforms to take action on such online defamation (defamation on social media).
Platforms like Facebook, Instagram, and Twitter will have to ensure that they have a strong grievance redressal mechanism and that they cooperate with law enforcement agencies. However, these platforms are often involved in debates about how much responsibility they should take for user-generated content.
Preventive measures for individuals and organizations
To avoid online defamation (defamation on social media), users can take some important steps, such as:
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Regularly monitoring their digital presence.
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Reporting defamatory content on social media platforms.
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Seeking legal advice for a defamation case or “Cease-and-Desist” order.
Organizations should maintain a strong digital reputation management strategy, issue clarifications when false allegations are made, and if necessary, initiate legal proceedings.
Conclusion
“Defamation” is a very big legal issue in this changing digital world, in which new updates are coming every day, and it is also necessary to understand what is going to happen and how in this digital world. Where IPC and IT Act focus on how defamatory content can be reduced, and also explain what the punishment for it can be. But looking at this changing world, we need to amend our existing laws and we need to give a clear guideline between freedom of expression and defamatory content (online defamation).
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