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

Mr. Alok Kumar, a resident of Anandpur, finds himself in a distressing family situation. He is currently involved in a property dispute with his paternal aunt, Ms. Geeta Verma. Recently, Ms. Verma appeared on a popular online talk show, ‘Chai with Chitra,’ and also uploaded a video to her personal social media channel. In these videos, she made numerous false and damaging statements about Mr. Alok’s late grandfather, Mr. Ramesh Kumar, and his late father, Mr. Suresh Kumar, severely questioning their integrity.

Although Ms. Verma did not explicitly use their names, the context of the ongoing property dispute and the details she shared made it unequivocally clear to anyone familiar with the family who she was targeting. Furthermore, she used a photograph of Mr. Alok’s mother, Mrs. Sunita Kumar, without her consent, falsely claiming that Mrs. Kumar had unlawfully seized all the family property. These videos have circulated widely, causing the Kumar family immense emotional distress and damaging their social standing.

The family’s lawyer has expressed caution, noting that proving defamation can be challenging when names are not directly mentioned. This has left the family wondering what legal remedies are available to protect their reputation and privacy.

Advice in such cases

• Preserve Evidence Immediately: Before taking any action, download the videos, take screenshots of the posts, and capture the URLs. This is crucial as the content could be deleted at any moment.
• Send a Legal Notice: A legal notice drafted by a lawyer should be sent to the person who posted the content and also to the platform (e.g., YouTube, Facebook) demanding the immediate removal of the defamatory material and an unconditional apology.
• Report to the Platform: Use the platform’s reporting mechanism to flag the video for harassment, privacy violation, and defamation. This can sometimes lead to a quicker takedown of the content.
• 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 of 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.

Applicable Sections of Law

• Section 356 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section addresses the offence of defamation. It is a misconception that a person must be explicitly named to be defamed. The law states that if the defamatory statement contains imputations that would make any reasonable person understand that it refers to a particular individual, it constitutes defamation. The use of hints or indirect references (innuendo) does not provide a defence.
• Right to Privacy: The Supreme Court of India, in the landmark case of *Justice K.S. Puttaswamy (Retd.) vs. Union of India*, has declared the Right to Privacy as a fundamental right protected under Article 21 of the Constitution. The unauthorized use of a person’s photograph, especially in a manner that is false and damaging, is a direct violation of this right.
• The Information Technology Act, 2000: This Act and its corresponding rules, specifically the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, govern online content. These rules require social media intermediaries to remove content that is defamatory, invasive of another’s privacy, or harassing upon receiving a complaint or a court order.

If you are the complainant

• Document Everything: Keep a detailed record of all communications, the defamatory content, and any impact it has had on your personal and professional life.
• File a Complaint: You have two primary routes. You can file a police complaint, which may lead to an FIR, or you can file a private complaint directly before a Magistrate under Section 199 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• Consider a Civil Suit: Alongside criminal action, you can file a civil suit for damages, seeking monetary compensation for the loss of reputation. You can also request an immediate injunction from the court to have the content removed pending the trial.
• 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 of 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.

If you are the victim

• Stay Calm and Do Not Retaliate: Avoid engaging in a public spat with the person online. This can escalate the situation and may be used against you. Let your lawyer handle all communication.
• Gather Support: Collect statements from friends, family, or colleagues who can testify that they saw the video and understood it to be about you, and who can speak to the damage it has caused to your reputation.
• Focus on the Legal Process: Trust the legal framework. While it may seem slow, it is the most effective way to seek justice and protect your rights.
• 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 of 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.

How the police behave in such cases

Police can sometimes be hesitant to register an FIR for defamation, as it is often perceived as a non-cognizable offence that should be pursued through a private complaint in court. They may view the matter as a family or civil dispute. However, you should insist on filing a complaint. The inclusion of elements like the unauthorized use of a photograph (privacy violation) and harassment can strengthen your case and persuade the police to take action. If they refuse to file an FIR, you can send a written complaint to a senior police officer or approach the Magistrate’s court directly.

FAQs people normally have

Can I take legal action for defamation if my name was not used?
Yes, absolutely. The legal test for defamation is not whether the person was named, but whether they were identified. If the statements, context, and surrounding circumstances would lead a reasonable person to identify you as the subject of the remarks, you have a strong basis for a defamation case.

Does using my mother’s photo without permission on YouTube violate her privacy?
Yes. This is a clear violation of the fundamental Right to Privacy. The unauthorized publication of a person’s image, especially when coupled with false and damaging allegations, is illegal and actionable in court.

Should I file for defamation, harassment, or something else?
A comprehensive legal strategy often involves a combination of actions. Your lawyer may advise filing a criminal complaint that includes charges of defamation (Section 356 BNS), criminal intimidation (if applicable), and offences under the IT Act. Simultaneously, a civil suit can be filed to claim monetary damages for the harm to your family’s reputation and to seek an injunction for the removal of the content.

What evidence is required?

• A digital copy (downloaded video file) of the defamatory content.
• The web link (URL) of the video(s).
• Screenshots of the video, its title, description, and any related comments.
• Witness statements from individuals who can confirm they identified your family from the video.
• Evidence of the ongoing property dispute to establish malice and motive.
• Proof of damages, such as testimony about social ostracism or harm to your family’s standing in the community.

How long will the investigation take?

The duration of legal proceedings can vary significantly. A police investigation under the new Bharatiya Nagarik Suraksha Sanhita (BNSS) has certain timelines, but complexities can lead to extensions. A criminal trial or a civil suit for defamation can be a lengthy process, potentially taking several years. However, an interim remedy, such as a court-ordered injunction to take down the videos, can often be obtained much more quickly, sometimes within a few weeks or months, providing immediate relief.

Advocate Sudhir Rao, Supreme Court of India