Defamation via Social Media Videos: Legal Steps for Victims

One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

TL;DR: If someone is making fake Instagram videos with false accusations and tagging your friends using full names, you can send a cease and desist notice, file a criminal complaint for defamation under BNS, and also approach the cyber crime cell. The law treats online defamation seriously, and you can get the content removed and seek damages.

Here's a real case handled by the office of Advocate Sudhir Rao. A young woman from Pune — let's call her Ananya Sharma — had graduated from IIT Bombay. She and her close friends were being targeted by a former friend who started posting false, derogatory videos on Instagram.

These videos accused them of absurd things. The woman tagged each person with their full name and Instagram handle. Ananya tried reasoning with her. No luck. She tried asking mutual friends to intervene. That didn't work either. The videos kept coming — thread after thread.

That's when Ananya approached the Chamber of Advocate Sudhir Rao in early March 2025. The office immediately recognised the pattern. It wasn't just a personal fight. It was a clear case of criminal defamation and harassment using social media. Advocate Sudhir Rao's domain-specific experience in cyber defamation cases helped craft a tight legal strategy. Within days, a cease and desist notice was served. When that failed, a criminal complaint was filed. The result? The court issued summons, and the content was taken down. Ananya got the justice she deserved.

Key Facts of the Case

• The accused made multiple Instagram videos containing false accusations and derogatory remarks.
• Each video tagged the victims by full name and Instagram handle, making the defamation public and traceable.
• The accused had met the victims just two months before the posts, and the group had been on good terms.
• Ananya Sharma tried resolving the matter informally before seeking legal help.
• The matter was filed as a criminal defamation case under the Bharatiya Nyaya Sanhita, 2023.
• A cease and desist legal notice was the first formal step taken.
• The court's intervention led to the removal of the defamatory content.

The Direct Legal Answer

Yes, you can take legal action. And here's how. The first step is always a cease and desist notice. It warns the person to stop posting false content and remove existing videos. You don't strictly need a lawyer for this letter, but having one makes it far more effective. The notice should clearly state the false claims, demand removal, and warn of legal consequences.

What if the person ignores the notice?

Then you escalate. File a criminal complaint for defamation under Section 356 of the BNS. You can also file a complaint with the local cyber crime cell for online harassment. The police can register an FIR. And you can approach the magistrate for a private complaint if the police refuse.

Can you get the videos taken down?

Yes. The interim relief in such cases includes getting the court to order the platform (Instagram) to remove the content. This is often the first thing victims want — and it's possible.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is 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 much faster than you think.

Save screenshots of every video, post, and comment. Date them. Keep all communication records — messages, DMs, call logs. Do not engage with the accused directly after the legal notice. Let your advocate handle it.

Make no mistake, this type of matter requires domain-specific experience. A general practitioner might not know how to approach cyber evidence preservation, jurisdictional issues, or how to get interim relief quickly from a magistrate. An advocate who regularly handles cyber defamation cases moves faster and gets better results.

Applicable Sections of Law

• Section 356 BNS — Criminal defamation: Publishing false statements harming reputation.
• Section 351 BNS — Criminal intimidation: Threatening someone with harm to their reputation.
• Section 79 of the IT Act, 2000 — Safe harbour for intermediaries; but it does not protect the actual poster.
• Section 67 of the IT Act, 2000 — Publishing obscene or defamatory material electronically (in aggravated cases).

Punishment and Penalties

Under Section 356 BNS, criminal defamation carries a punishment of simple imprisonment up to two years, or fine, or both. The offence is non-cognizable — meaning police cannot arrest without a warrant. It is bailable. And it is compoundable — meaning the parties can settle and the case can be withdrawn.

If the matter also involves criminal intimidation under Section 351 BNS, the punishment can extend to two years. For repeated or aggravated online harassment, the IT Act provisions may also apply.

Jurisdiction — Where to File the Case

For criminal defamation, you file a complaint before the Magistrate court having territorial jurisdiction where the defamatory content was viewed or where the victim resides. For the police complaint, approach the local police station or the cyber crime cell. Under the BNSS, jurisdiction is determined by where the offence was committed — but in online cases, the victim's location is often accepted. For civil defamation (seeking damages), file before the civil court where the plaintiff resides or where the content was published.

What if Police Refuse to File FIR?

It happens. Police sometimes refuse to register an FIR for defamation because it's non-cognizable. Here's what you do:

• Approach the Superintendent of Police under Section 173(4) BNSS with a written complaint.
• If the SP also refuses, file a private complaint before the Magistrate under Section 175(3) BNSS.
• The Magistrate can order an investigation under Section 175(4) BNSS.
• As a last resort, file a writ petition before the High Court.

Rights of the Accused

Even in defamation cases, the accused has rights:

• Right to remain silent — no self-incrimination under Article 20(3) of the Constitution.
• Right to legal representation under Article 22.
• Right to a copy of the FIR and complaint.
• Right to be produced before a Magistrate within 24 hours if arrested (though arrest is rare in non-cognizable offences).
• Right to seek bail under the BNSS.

Bail Provisions

Defamation under Section 356 BNS is a bailable offence. So bail is a matter of right. Anticipatory bail under Section 482 BNSS is available if the accused fears arrest. Regular bail can be sought under Section 480 BNSS. Bail conditions typically include not tampering with evidence or contacting the victim. Since it's bailable, the accused gets bail easily — which is why the real remedy lies in getting the content removed and seeking damages, not just jail time.

Quashing of FIR / Case

The accused can approach the High Court to quash the FIR under Section 528 BNSS (inherent powers). Grounds include: no prima facie offence made out, complaint is frivolous, or the matter has been settled and compounded. For the victim, this means you must ensure your complaint is strong and specific. Vague or exaggerated claims can get quashed. That's why having an experienced advocate draft the complaint matters — it prevents the case from being dismissed early.

If You Are the Victim

• Save all evidence immediately — screenshots, URLs, timestamps, metadata.
• Do not delete or respond to the posts directly.
• Send a cease and desist notice through your advocate.
• File a complaint with the local police or cyber crime cell.
• File a criminal defamation case before the Magistrate if the posts continue.

Documents You Must Keep Ready

• Aadhaar card or PAN card for identity proof.
• Printed copies of all defamatory posts with URLs and timestamps.
• Screenshots of the accused's Instagram profile and tags.
• Any communication with the accused (messages, DMs, emails).
• Witness list — friends who saw the posts and can testify.
• Copy of the cease and desist notice (if sent).
• Any other evidence of reputational harm (e.g., lost job opportunity).

What Evidence Is Required?

• Primary evidence: Screenshots of the defamatory videos and posts, with visible metadata (date, time, username).
• Secondary evidence: Witness statements from people who saw the posts.
• Digital evidence: URLs of the posts, Instagram handle, and any archived versions (use Wayback Machine).
• Corroborative evidence: Messages from others confirming they saw the content.
• Certificate under Section 65B of the Evidence Act — a certificate from the person who downloaded the digital evidence to make it admissible in court.

How the Police Behave in Such Cases

Police often treat defamation as a "private dispute." They may try to mediate. Or they may refuse to file an FIR because it's non-cognizable. Expect them to ask you to approach the court directly. If the content is highly offensive or involves threats, the cyber crime cell may take it more seriously. The key is to approach the right officer, with proper documentation, and have a legal notice ready. Advocate involvement makes police take the complaint more seriously.

Timeline of Legal Process

• Day 1-10: Cease and desist notice sent; wait for response.
• Day 11-30: If ignored, file complaint before Magistrate (private complaint).
• Day 31-60: Magistrate may order police investigation or issue summons directly.
• Day 61-120: Investigation (if ordered) or process serving to accused.
• Day 121-180: Framing of charges; trial begins.
• Day 180-365: Trial; witness examination; arguments.
• Day 365+: Judgment; appeals if any.

Interim relief (content removal) can happen within 2-4 weeks if the court acts swiftly.

How Long Will the Investigation Take?

If the Magistrate orders police investigation, it typically takes 60 to 90 days for the police to submit a report. If the accused cooperates, it may be faster. If not, the investigation can drag to 6 months. The investigating officer will collect digital evidence and record statements.

Understanding the Costs

The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.

A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.

Can the Matter Be Settled Out of Court?

Yes. Defamation under Section 356 BNS is compoundable. That means the victim and accused can reach a settlement, and the court can record the compromise and acquit the accused. The settlement can include a public apology, removal of all content, and a mutual agreement not to pursue further action. Mediation is possible under Section 89 CPC for civil aspects. If the victim wants closure without a long trial, settlement is a practical option — but only after the accused has removed all defamatory content and given a written undertaking.

Common Mistakes People Make

• Delaying action: Waiting too long weakens your case. Evidence can be lost, and digital content gets deleted.
• Deleting evidence: Never delete the posts or screenshots. Archive everything immediately.
• Engaging with the accused online: Public arguments on social media can harm your case. Let your lawyer speak.
• Hiring a lawyer without domain expertise: A general practitioner may not know how to preserve digital evidence, get interim relief, or handle cyber defamation nuances. An advocate who regularly handles such cases will know the procedural shortcuts and evidentiary strategies that make a difference.
• Filing a vague complaint: A boilerplate complaint without specific details of each false statement can get dismissed. Be precise.
• Posting about the case on social media: Anything you say can be used against you. Keep quiet until the matter is resolved.

FAQs People Normally Have

Can I file a defamation case for Instagram videos?

Yes. Online defamation is treated the same as offline defamation under Section 356 BNS. The medium does not change the offence.

Do I need a lawyer for a cease and desist notice?

Not strictly, but a lawyer-drafted notice carries more weight and is more likely to be taken seriously by the recipient and the court.

Can I get the videos removed from Instagram immediately?

You can report the content to Instagram. If that fails, the court can order the platform to take down the content as interim relief.

Is defamation a criminal or civil matter?

Both. You can file a criminal complaint for defamation and also file a civil suit for damages (compensation). Many victims do both.

How much time do I have to file the case?

For criminal defamation, the limitation period is one year from the date of knowledge of the defamatory statement (under Section 468 BNSS read with the First Schedule). Don't delay.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

Advocate Sudhir Rao, Supreme Court of India