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A Critical Analysis of Cyber Defamation Laws of India

  • Unique Paper ID: 151521
  • Volume: 8
  • Issue: 1
  • PageNo: 301-306
  • Abstract:
  • In today’s world of technological advancement, media’s influence seems to be ubiquitous and profound. This era of the internet is known as the "Information Age". The use of e-mail, social networking sites, chat groups, websites, and many more have increased access to information. It has changed the way we live our lives and is a one-of-a-kind tool for global human communication. This simple access to such a medium can often lead to people misusing it to make defamatory comments in cyberspace. Tort refers to a civil wrong where the person injured or suffered harm can claim damages to the amount of harm suffered by them. Torts that are committed online are known as Cyber Tort. The term Defamation in layman's language refers to the publication of a false statement that lowers the reputation of the person in minds of other people. It is not a crime but a Tort (it is either civil wrong or criminal wrong). It is of 2 types- slander and libel. Slander refers to the publication of a defamatory statement in a transient form (not permanent) i.e., it may be spoken words not written. On the other hand, Libel refers to the publication of a defamatory statement in written form (permanent form) i.e., print, picture, writing. With the emergence of the internet, there is a need to define the defamation done in cyberspace, better known as Cyber Defamation. In India, Cyber defamation is defined as “the act of defaming, insulting, offending, or otherwise harming a person in cyberspace through false statements." Unfortunately, cyber defamation is becoming more common these days. It is because Internet has given us the ability to share our views with the rest of the world. We can quickly share anything and it will go viral in a fraction of seconds. Under Indian law, both the person who defames you and the person who shares and reposts the content may be sued. Any of those acts, such as posting, liking, retweeting, and/or commenting, may be construed as a republication of defamatory material – the act of republishing from social media is so easy that users pay no attention to the potentially severe consequences
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Cite This Article

  • ISSN: 2349-6002
  • Volume: 8
  • Issue: 1
  • PageNo: 301-306

A Critical Analysis of Cyber Defamation Laws of India

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