If you are stuck in such a situation, here is what to do.

Ms. Priya Mehra, a senior executive at a leading tech firm ‘QuantumLeap Corp’ in the city of Chandrapur, is facing severe online harassment. A close family member, her father Mr. Ashok Mehra, has allegedly created a fake online profile. Using this profile, he has been posting defamatory comments on QuantumLeap Corp’s official professional networking page. The comments falsely claim that Priya secured her position using a fraudulent degree certificate, make scandalous allegations about her personal life, and accuse her of embezzling family assets. Due to this persistent harassment, Priya and her mother had to leave the family home. She now seeks legal recourse to stop this harassment and hold her father accountable for his actions.

Advice in such cases

When faced with such a situation, especially involving a family member, the path forward can be emotionally and legally complex. The primary goal is to stop the harassment and protect your personal and professional reputation. It is crucial to act methodically and decisively. Documenting every instance of harassment is the first and most critical step. This creates a foundation of evidence for any subsequent legal action. Simultaneously, utilizing the reporting mechanisms of the online platform where the harassment is occurring can provide immediate, albeit sometimes temporary, relief.

Applicable Sections of Law

The legal framework in India, under the new criminal laws, provides specific remedies for such acts. The primary laws applicable here are:

• Section 356 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section addresses the offense of defamation. Anyone who, 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 to defame that person. The actions of the father fall squarely within this definition.
• Information Technology Act, 2000: While Section 66A of the IT Act has been struck down, other provisions can be invoked. For instance, publishing defamatory content electronically can be pursued under the BNS, with the electronic records serving as primary evidence under the Indian Evidence Act.

If you are the complainant

If you are in Ms. Mehra’s position, here are the steps you should take:

• Document Everything: Take clear, timestamped screenshots of the fake profile and all the defamatory comments. Ensure the URL of the page is visible in the screenshots.
• Report to the Platform: Use the reporting tools on the professional networking site to report the fake profile and the abusive comments for violating their terms of service.
• File a Police Complaint: Visit the nearest Cyber Crime police station or file a complaint online through the National Cyber Crime Reporting Portal. Provide them with all the documented evidence. The police can then investigate and trace the creator of the fake profile.
• Send a Legal Notice: Through a lawyer, you can send a formal legal notice to the person responsible, demanding an immediate cessation of the defamatory activities and a public apology, failing which you will initiate civil and criminal proceedings.
• Consult with Lawyer: The very basic and important step to start is to talk to a Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in the range of Rs. 10,000 to 50,000, depending on the case. He is helping you in this situation to come out. He is an expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved in 7-10 days.

If you are the victim

If you find yourself in the position of the person being accused of such acts (the father in this scenario), it is imperative to understand the seriousness of the situation. The consequences of online defamation are severe.

• Cease Immediately: Stop all such online activities at once. Do not post any further comments or engage with the complainant.
• Seek Legal Counsel: Do not take the matter lightly. Immediately consult with a lawyer who specializes in cyber law and criminal defense to understand your legal position and potential liabilities.
• Do Not Destroy Evidence: Deleting the posts or profile might be seen as an admission of guilt or an attempt to destroy evidence. Follow your lawyer’s advice on how to proceed.
• Prepare for Legal Action: Be prepared to face a police investigation, a criminal case for defamation under the BNS, and a civil suit for damages to reputation.

How the police behave in such cases

Upon receiving a complaint, the Cyber Crime police will conduct a preliminary inquiry to ascertain the facts. Given that the dispute is within a family, they might initially suggest mediation to resolve the matter amicably. However, if the complainant insists on legal action and there is sufficient prima facie evidence of a cognizable offense like criminal defamation, the police are obligated to register a First Information Report (FIR). They will then proceed with the investigation as per the procedures laid down in the Bharatiya Nagarik Suraksha Sanhita (BNSS), which may involve summoning the accused, seizing electronic devices, and collecting evidence from the online platform.

FAQs people normally have

Can I file a criminal case against my own father?
Yes, the law does not discriminate based on relationships. If a person has committed a crime, legal action can be taken against them, irrespective of whether they are a family member.

Could my company fire me over these comments?
It is unlikely, especially if you are proactive in addressing the issue. Informing your HR department or immediate superior about the situation and the legal steps you are taking can demonstrate your professionalism and control over the matter. Most companies are supportive of employees who are victims of such harassment.

What evidence is required?

The most crucial evidence in online defamation cases is digital. This includes:

• Screenshots of the defamatory posts, comments, and the fake profile.
• The web address (URL) of the profile and the specific posts.
• Any emails, messages, or other communication from the harasser.
• The police, during their investigation, can issue a notice to the social media company to obtain the IP address and other details of the user who created the fake profile.
• Witnesses who have seen the posts can also provide their statements.

How long will the investigation take?

The duration of a police investigation can vary significantly. It can take anywhere from a few weeks to several months. The timeline depends on factors such as the workload of the Cyber Crime cell, the speed of response from the social media platform’s legal team, and the complexity involved in tracing the digital footprint of the accused.

Advocate Sudhir Rao, Supreme Court of India