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Aug 133 min read

Defaming Government Servant Over Social Media Is A Crime?

As Per Section 499 Of The Indian Penal Code, Whoever Makes Or Publishes Any Imputation About A Person With The Intent To Harm Or Understanding Or Having Reasons To Believe That Such Allegation Will Harm The Reputation Of That Person Is Said To Have Committed Defamation. This Includes Words That Are Spoken Or Written, Signs, Or Other Visible Representations.

Similarly, Any Such Conduct That Occurs Online Becomes Cyber Defamation Or Online Defamation. This Is Known As Cyber Defamation When A Computer With An Internet Connection Is Used To Disparage An Individual Or An Organization. For Instance, Posting A False Comment About Someone On A Social Networking Site Or Sending Someone Emails With False Information About Them With The Purpose Of Harming Their Reputation.


Laws On Cyber Defamation 


  • The Law On Defamation In India Is Primarily Governed Under Section 499 Of The Indian Penal Code. However, It Is Important To Note That The Legislation Has Been Expanded To Include "Electronic Materials."

  • Under Section 500 Of Indian Penal Code, Defamation Actions Against The Public Servant While Performing Their Official Duties Are Punishable By Two Years Imprisonment, Fine Or Both Which Is Tried By The Court Of Session.

  • Due To Uncertainty In The Definition Of The Word "Offensive" In Section 66a Of The It Act Of 2000 Was Overturned By The Indian Supreme Court In Shreya Singhal V. Union Of India. According To The Provision, Sending Offensive Messages To Computers Or Other Communication Devices Would Be Illegal. But The Government Misused The Power Under Section 66a Of The It Act To Suppress Freedom Of Speech And Expression, Hence Repealed.

  • According To Section 503 Of The Indian Penal Code, Criminal Intimidation Includes The Use Of Electronic Equipment To Damage A Human's Reputation In Society. It Is A Crime That Carries A Maximum Two-Year Prison Sentence, A Fine, Or Both.

  • Under Section 199 (2) Criminal Procedure Code Establishes A Specific Procedure When The Alleged Act Of Defamation Has Committed Against A Person Who, At The Time Of Such Commission, Is The Public Servant Employed By The Union And The State In Regard To His Conduct In The Performance Of His Public Functions.


Section 79 Of The It Act


Section 79 Of The It Act Protects Intermediaries From Any Form Of Libel. An Intermediary Is Exempt From Liability Under Section 79 For Information, Data, And Connections Hosted By Third Parties On Its Platform. The Safe Harbour Provision Is Only Applicable Under Particular Circumstances, Such As When The Intermediary Starts The Transmission Of Offensive Content, Chooses The Recipient, Or Alters The Content.


Role Of Judiciary


In The Case Of P.C. Joshi And Another V State Of Uttar Pradesh (1960), A Public Servant Who Has Been Falsely Accused Of Carrying Out Their Official Duties Will Take Legal Action Against The Government They Work To Vindicate His Conduct And Character.


Where To File A Complaint And When?


Any Public Servant Who Has Been The Victim Of Online Defamation May File A Complaint With The Cyber Crime Investigation Cell. The Act Of Making A Complaint Also Puts The Reputation Of The Accuser In Danger. Thus It Is Important To Understand That Filing A Case Of Cyber Defamation Against Someone Is Serious. The Complainant Has The Burden Of Proof That They Have Been Misrepresented, But If They Are Incapable Of Doing So, The Defendant Has The Ability To Pursue Defamation, Inaccurate And Frivolous Claims, And Damages Related To It.


Role Of Lawyers


Defamation Is A Specialized Subject Of Law. However, Cyber Defamation Is Even More Complicated. Not All Criminal Defense Lawyers Are Proficient In Cyber Defamation. Therefore, Those Criminal Lawyers Who Are Knowledgeable In Dealing With Cyber-Defamation Include-


  • Legal Professionals Who Specialize In Defamation Laws

  • Technological Awareness With An Understanding Of The Newest Technological Trends Is Necessary To Prevent The Disclosure Of The Evidence.

  • Specialists In Eliminating Content That Is Libellous And Harms Anyone's Reputation


As A Result, You Will Require Legal Representation To Protect Yourself From Being Charged With A Crime For Defaming A Public Servant. The Best Criminal Lawyers In Gurgaon Can Be Chosen If You Wish To Defend Yourself Against Defamation-Related Criminal Charges In Gurgaon. The Top Criminal Lawyers In Lucknow Can Be Chosen If You Wish To Defend Against Criminal Defamation Allegations In Lucknow. Similarly, You Can Hire The Top Criminal Lawyers In Delhi To Defend You Against Any Criminal Defamation Charges Stemming From Defaming A Public Servant In Delhi.


Lead India Provides Online Legal Advice In India Free. You Can Talk To A Lawyer From Lead India. At Lead India, You Can Ask Questions To Experts Online For Free And Get Free Legal Advice Online.


Visit Us: — www.leadindia.law

Call Us: +91–8800788535

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