The growth and development of technology have drastically changed the world. The internet has made many things a lot easier for all of us through various social networking sites. Whether it's communication or access to information, these things have become a breeze for all of us. But these structures can also sometimes lead to abuse. As users can post and distribute information through these social networking sites, defamation has become a concern. With the emergence of so-called trends in sharing or posting information or photos on certain social networking sites and commenting on them, the risk of "cyber defamation" has increased.
The term "cyber defamation" basically means posting false statements about a person in cyberspace that could damage or humiliate that person's reputation. In India, defamation can be considered both a civil offence and a criminal offence and therefore the victims are offered remedies by the Indian judicial system. Cyber defamation is rising day by day, so for awareness regarding this many online platforms are organising Online legal certification courses which will help to gather the knowledge related to this and students will be aware of what laws are there regarding this.
What is Cyber Defamation?
Cyber defamation or online defamation means any act that took place in an online mode or in which a person is defamed in cyberspace. This type of defamatory statement is mostly made when the computer has a proper internet connection and is used as a weapon or a way to defame someone by posting something irrelevant or defamatory statement on various social media such as Facebook, LinkedIn, Twitter or E-Mails just to defame the person with clear intent.
Social networking sites have undoubtedly become a great blessing in our lives and have also contributed to the development of society, but they have also become an equally effective breeding ground for slandering a person with defamatory statements.
Essential Elements -
The elements necessary for a statement to be qualified as a defamatory statement are the following:
Modification: Images altered to dishonour or disgrace another person's reputation are clear cases of defamation.
Facts: The statement should not be presented as an opinion but as a fact. Facts are statements that have been proven to be true or inaccurate, while opinions are your personal views or observations.
Publication: The statement of fact should be posted on any social networking site and then only one person can file a defamation action.
Opinions: Opinions are privileged by law. An opinion by itself is therefore not a defamatory statement. But sometimes few opinions are considered to be facts by the judge if they have actually caused harm to another party.
Laws related to Defamation -
Indian Penal Code (IPC)-
In Section 499 of the Indian Penal Code, it is said that whoever makes or publishes, by words spoken or read or by signs and visual representations, any allegation concerning any person who intends to cause harm, or who knows or has reason to believe that such an allegation of damage to reputation is made by that person, except as excepted below, to defame that person.
Section 500 of the IPC provides for a penalty where any person found liable under Article 499 shall be punished by imprisonment for two years or a fine or both.
Section 469 is related to forgery. When a person creates a fake document or a fake account, thereby damaging a person's reputation. The penalty for this offence can be up to 3 years and a fine.
Section 503 of the IPC deals with the offence of criminal intimidation through the use of electronic means to harm one's reputation in society.
Information Technology Act, 2000
Section 66A, Information Technology Act, 2000 - This Act was repealed by the Supreme Court in 2015. The section set out the penalty for sending "offensive" messages via a computer, mobile phone or tablet. Since then, the government has not specified the word "offensive". The government started using it as a tool to suppress free speech. In 2015, the entire section was struck down by the Supreme Court.
If a person has been defamed in cyberspace, they can file a complaint with the Cybercrime Investigation Commission. It's a criminal police unit. Many law aspirants who aimed to make a career in Cyber Law must have complete knowledge about the IT Act. There are many organisations and legal learning institutions that provide online law certification courses based on Cyberlaw and cyber security provides such information.
Conclusion -
With great power comes great responsibility. This sentence describes well the situation of the use of technology and how we humans misuse it. The world is now completely dependent on technology, especially after this pandemic situation where we can see that technology rules the world. As a result, more and more people have started using the internet as a medium to share their thoughts and views on various issues and societal issues. Not only in India, but all over the world, the use of social media has increased. Politicians also use it as a means to reach the masses. But just like there are two sides to a coin, there are two sides to using social networking sites. On the one hand, it helps us to make our voice heard on societal issues, on the other hand, it has also become a medium where online or cyber defamation also takes place. Some laws prohibit people from posting such defamatory statements or content, but most people are oblivious or careless enough to discern what is right and what is wrong. The punishments and laws are becoming stricter and harsher regarding these issues, and many individuals are exploring career opportunities in this field and providing legal assistance to the victims of Cyber related issues, for this purpose the legal aspirants must have complete knowledge about laws related to cyber law. Law aspirants opt for the best online law certification courses for getting complete knowledge of the topics related to cyber laws and cyberspace.