What Should I Do If Someone Posts Defamatory Content About Me Online?

In today’s world, wherein one blunder like falling into a trap of false accusation or a damaging statement can travel, reach, and go viral over the internet in seconds with real repercussions on someone’s reputation, career, and mind. This could refer to social sites, blogs, YouTube views, or even messages on WhatsApp, making online defamation all possible. 

The good news is that Indian laws have given defamation both the angle of civil wrong and a criminal offense. Legal protection against the scourge of defamation has enabled many options within this legal framework. In this blog, read on to know about the word ‘defamation’ per the Indian law and the course of action that needs to be taken when you become a victim. Landmark case laws would supplement your learning on how the courts dealt with such situations, making them valuable.

What Is Defamation in India?

Defamation is defined as any false remark made with the intention of harming someone’s reputation. 

Civil Defamation

You may file a suit for damages (money) in a civil court under Law of Torts. The aim is to rehabilitate the public image and restore personal dignity. 

Criminal Defamation

Under Sections 499 and 500 of the Indian Penal Code (IPC)/Sections 356 (1) and (2) of the Bhartiya Nyaya Sanhita (BNS):

• Section 499 IPC/Section 356 (1) BNS defines defamation
• Section 500 IPC/Section 356 (2) BNS provides penalty of two years in jail, a fine, or both of them

In Indian law slander and libel both have the same definition of defamation in the law.

What is Online Defamation?

Online or cyber defamation occurs if someone posts, publishes, or forwards false and damaging information about you through digital platforms: 

• Social media platforms (Facebook, Instagram, Twitter/X)

• Messaging apps (WhatsApp, Telegram)
• Review websites (Google Reviews, Yelp)
• Blogs and personal websites
• YouTube and other video-sharing platforms

If the content is false, shared publicly, and has harmed your reputation, it qualifies as defamation under Indian law.

Legal Provisions That Protect You from Online Defamation

Here are the most relevant laws:

• Sections 499 and 500 IPC/ Sections 356 (1) & (2) BNS: Criminal defamation
• Section 67 of the IT Act: This section applies when any obscene content is involved
• Section 79 of the IT Act: It governs the intermediary liability of platforms such as Facebook and YouTube.
• Section 66A of the IT Act: In Shreya Singhal v. Union of India (2015), the Supreme Court declared it to be invalid after it had previously been in use. 

What Steps Can You Take If Someone Defames You Online?

1. Document Everything Immediately

Screenshots of the offensive material, along with the time and date, must be taken. Save the links, user handles, and entire threads. In one client’s case, a post was deleted within 48 hours, but the evidence was preserved through screenshots and digital notarization.

Tip: You can use digital notarization tools or get the content attested by a notary to make it court-admissible.

2. Report the Content to the Platform

All major platforms have reporting systems in place. They usually respond faster when your complaint is detailed.

For example:

• Facebook/Instagram: Report: Harmful or False Information
• YouTube: Flag video: Defamation or Privacy Violation
• Google: Flag a review: Misleading or Fake Review

3. Send a Legal Notice

A cease-and-desist notice from your lawyer can demand the removal of the defamatory content and an apology. Even if the person ignores it, it strengthens your position if you take the matter to court later.

4. File a Complaint with Police or Cyber Cell

At the closest cybercrime cell or your local police station, you can submit a formal complaint under:

• Sections 499 and 500 of the IPC/ Sections 356 (1) & (2) BNS (criminal defamation)
• Section 67 of the IT Act (if any pornographic material is included in any of the content)

Additionally, submit a complaint online through a cyber crime portal. 

5. File a Civil Suit for Compensation

If your business or personal reputation has suffered, you can file a defamation suit in civil court seeking compensation. When determining damages, the effect and distribution of the defamatory content must be taken into consideration. 

6. Approach the High Court for a Writ Petition

If the platform fails to take action or if the content continues to circulate, you can file a writ petition under Article 226 of the Constitution. You can seek:

• Takedown orders
• Injunctions to prevent future posts
• Gag orders if needed

Real Cases That Show the Law Works

• Sabu Mathew George v. Union of India (2017): The court ordered Google and other search engines to block ads and results violating Indian laws. This proved that courts can order platforms to act.
• Kunal Bahl v. State of Karnataka (2022): The Supreme Court quashed a criminal defamation case, holding that mere mention in an article without malicious intent does not amount to defamation.
• Ajith Doval v. Facebook India (2020): The Delhi High Court ordered Facebook and other platforms to remove fake and defamatory posts against the National Security Advisor.

Can Social Media Platforms Be Held Liable?

Generally, social media platforms are considered intermediaries and are not liable for user-generated content unless they ignore lawful takedown requests.

As per Section 79 of the IT Act and the Information Technology Rules, 2021:

• Platforms must acknowledge complaints within 24 hours
• They must remove illegal or defamatory content within 36 hours upon court or government order
• They are required to appoint Grievance Redressal Officers

You can email the grievance officer listed on the platform’s official website.

Can You File a Case Without Knowing Who Defamed You?

Yes. Courts in India allow you to proceed against anonymous users or “John Doe” parties.

• You can request a “John Doe Order” to block content posted by unknown persons
• Platforms may be instructed to disclose the anonymous poster’s IP address or user information. 

Summary of Legal Remedies

• Criminal Remedy: File an FIR under Sections 499 and 500 IPC/ Sections 356 (1) and (2) BNS for criminal defamation.
• Civil Remedy: File a defamation suit in a civil court to claim monetary compensation for damage to your reputation.
• Constitutional Remedy: Approach the High Court under Article 226 to file a writ petition seeking content removal or blocking orders.
• Platform-Level Action: Report and escalate the defamatory content on the respective social media or online platform using their grievance redressal mechanisms.
• Injunction/Restraining Orders: It helps in preventing the defendant from sharing or republishing defamatory content, a form of interim relief obtained from the competent court. 

Conclusion

If someone has posted something defamatory and false about you online, you need not suffer in silence. The attacker may be an anonymous troll or someone you know. Either way, Indian law offers clear legal remedies to protect your name, your business, and your dignity. 

Many people have successfully taken the right steps to rid themselves of the defamatory content and restore their reputations. 

Where the defamation is serious or else continuous, it would be best to contact a lawyer specialized in cyber law or defamation. Legal consequences do not concern mere punishment: they concern your right to be respected and, most importantly, safeguarding your future.

One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs

1. If I’m unsure of the person who defamed me online, what should I do?

The process of defamation becomes difficult when one cannot identify the offender. In such instances, a “John Doe” petition for filing a complaint against only anonymous users goes to effect. The courts may order the social media sites, like Facebook or YouTube, to disclose the identity or IP address of the actual named poster(s).

2. How do I prove online defamation in court?

A strong online defamation case requires concrete evidence such as screenshots, URLs, timestamps, and profiles of users. Through digital notarization or obtaining the content to be attested to by a state licensed notary will make sure of the validity of evidence. In court, it will also need to be proven that such statement was false, damaging, and made with malicious intent.  

3. Can I sue for defamation over a WhatsApp message or group post?

In order to go after them, it must be shown that an average person would consider these comments to be a type of outrage against you. If anyone balances Content Defaming Your Character on WhatsApp or Any Messaging Application, it is Cyber Defamation, and You May Launch Criminal and Civil Proceedings.