So sorry - But ofcourse - Cyber Defamation

“To bring ill fame upon anyone or to destroy the reputation of or to speak ill of , or to attack the good fame of , or to try to damage the good name of a person, or to calumniate or to slander or the action of defaming  or the fact of being defamed  or calumny , whatever the name  to affect on others by our actions, which leads to damage of good name of the others, will not be allowed by the law and the way of thinking pattern that do not care the feelings of others , and the way that you believe yourself good that may caused injury to others  will not be allowed by the law.                                                                                                                                                                                                                                                                        

The lives and attitudes of  common have changed, due to the internet – a medium for the interaction of the people,  which influence on each other as it is giving different dimensions . Social media, is one of those platforms.

Cyberspace, in which online communication takes place. Cyber law is the law that governs the activities that involve breaking the law and illegal activities including causing the injury to others  committed within the cyberspace., includes  Cyber Defamation.                     

The harm done to  a person  that  caused to the reputation of a person .,and that injury is to affect on others  which lead  to damage of one’s good name, of the others., whether intentional or  not, whether the damage was taken place to the one’s reputation or not is the crucial point.                                                                                                                                            

But, if it is fact, that not the false news or information, and that fact is proved , then it is a question that whether it is defamation or not ?. For Ex. If  someone writes against anotherone, which is a fact and the said fact is proved in the  Court of Law, and the fact was spread over ---whether it is defamation or not?   It deferred from the case to case.

The  injury may be done by  the act of damaging , reputation, by saying or writing bad or false things   in the eyes of the general public.

Cyber defamation is a concept. If someone publishes some defamatory statement about some other person on a website or send emails containing defamatory material to other persons with the intention to defame the other person about whom the statement has been made would amount to cyber defamation.  Cyber defamation may lead to affect  the community  and not only  on the individual.. Under the  law, the person who makes a defamatory statement as well as its distributor and publishers can be sued.

Social media  has been playing vital role  and occupied  the most of the time of our lives. And due to the increase in technology, the privacy of the citizens has been decreasing.

The information on  Social Net Works travels  faster than on print media.

The  offence of bringing a person into undeserved disrepute by making false statements  or as the act of harming the reputation of another by making a false statement to a third person., may be called defamation.

Defamation is both a Crime under the Indian Penal Code  and a civil tort.

Now the question is that   which publication rule must be adopted ?

The  cause of action for defamation arises on the 'date of publication'. The limitation period for defamation is one year, which also begins to run from the date the libel was published.

"Any form of mass communication or aggregate publication is a single communication and can give rise to only one action for libel." The rule applies "where communication is simultaneously available to multiple persons." Under the single-publication rule, the statement is considered published and "the statute of limitations runs as soon as the communication enters the stream of commerce."

A  fresh cause of action arises for every moment the offending matter is left on a webpage. So, the 'date of publication' and the limitation period for the offense of libel lose significance, in Multiple Publication Rule..The  IT Act, 2000,  did not talk about defamation in the cyber space. ..

However, The Delhi High Court recently ruled in the case “Khawar Butt vs Asif Nazir Mir”, Nov, 2013, Justice Vipin Sanghi  on defamation on the Internet. In this far reaching Judgment the Delhi High Court rejected the Multiple Publication rule and adopted the Single Publication Rule for Libel on the Internet.

Under the law, the person who makes a defamatory (written) statement as well as its distributor and publishers can be sued.

The Indian Penal Code, 1860 contains provisions to deal with the  menace of Cyber defamation.

Section 499 of IPC says that whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person. The offence of defamation is punishable under Section 500 of IPC. The law of defamation under Section 499 got extended to  Speech and Documents in electronic form with the enactment of Information Technology Act, 2000.

In the case of “M/s.SMC Pneumatics (India) Pvt. Ltd.Vs. Shri Jogesh Kwatra”, the Hon’Ble Dist. Judge, Central 14; New  Delhi in O.S.No.1279/2001, New Suit No.65/2014, The Hon’Ble Court observed that:

Status of a person in a suit for defamation will determine the quantum of damages but as far as the existence of right is concerned, status of person is immaterial if the damages are not asked for, since it may help to determine the quantum of damages..

In the case of State of “Tamil Nadu v. Suhas Katti” a conviction was handed down in connection with the posting of obscene messages on the internet under the controversial section 67 of the  Information Technology Act, 2000.

It is pertinent to prove the mens rea of the defendant.If a statement is made with a good intent and is for a good purpose, it cannot be said to be a case of defamation even if it contains allegations against a party”.

Hence, if it is mens rea ( bad intention)  SO SORRY, and BUT OFCOURSE if  it is  with a good intent and is for a good purpose, it cannot be said to be a case of defamation even if it contains allegations against a party”.

K. PHANI KUMAR,

ADVOCATE,

HYDERABAD.