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aditi   03 May 2021

Law

greetings 

can somebody tell me alternatives to an online defamation?



Learning

 3 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     03 May 2021

1. What is meant by "alternatives" ????

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

Sankaranarayanan (Advocate)     03 May 2021

It is academic question. what is your issues. state the facts

Ishaan   03 May 2021

Section 499 of the IPC primarily regulates the law on defamation; however, it is to be noted that the law has been extended to "electronic documents" as well. 
Section 469 of the IPC has also been amended by the IT Act, 2000 to include 'electronic record forged'.
Section 66A of IT Act 2000, was later quashed by the Supreme Court of India in the case of Shreya Singhal v. Union of India (WRIT PETITION (CRIMINAL) NO.167 OF 2012) , because of uncertainty in the meaning of the word 'offensive' in the Section. The section asserted that posting any offensive message to any computer or any other transmission device would be an offence. Such unregulated power, under this section, was on various occasions misused by the Government in restricting and repressing people's freedom of speech and expression under Article 19 of the Constitution and hence repealed.

These are the several online defamation litigation alternatives that may be pursued if a defamation lawsuit is not desirable – 
•    Claims of Invasion of privacy 
•    Claims of Tortious interference 
•    Claims of Intentional infliction of emotional distress 
•    A Civil harassment claims
•    An Unfair trade practice claims; and
Non-litigation options – There are many alternatives to litigation that may be available to you depending on your defamation case – 
•    Negotiating with the owners of the website
•    Making an editorial request for removals of such content
•    Reporting violations of Terms of Service the website
•    Sending a takedown notice to authorities
•    Sending a cease-and-desist letter to the concerned party. 
•    Using Alternative Dispute Resolution methods available

In the first ever case on Cyber Defamation in India, in the case of SMC Pneumatics (India) Pvt. Ltd. v. Jogesh Kwatra (Original Suit No. 1279 of 2001), where a resentful employee sent pejorative, defamatory, unrefined and abusive emails to the company's various other employers and to the subsidiaries worldwide with an intent to defame the company’s reputation along with its employees in higher positions, the Delhi High Court granted ex-parte interim injunction warning the defendant from defaming the Plaintiff in both the physical and in the cyber space and a penalty was also imposed on the accused.


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