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

Mr. Rohan, a bright law student from the city of Pratibhanagar, decided to launch a YouTube channel named ‘Vidhi Darpan’ to simplify complex legal topics for the public. His aim was to foster legal awareness, not to provide legal advice. One of his videos analyzed a recent and widely reported corporate governance issue involving a large tech firm, ‘Nexus Innovations Pvt. Ltd.’. The video, based on public news reports and court filings, discussed the legal implications of the company’s actions. A few weeks later, Rohan received a stern legal notice from Nexus Innovations, alleging that his video was defamatory, misleading, and had caused the company significant reputational and financial harm. The notice demanded the immediate removal of the video and a public apology, failing which the company would initiate civil and criminal proceedings for defamation. Rohan, despite being a law student, found himself overwhelmed and anxious about the potential legal battle with a corporate giant.

Advice in such cases

If you are a content creator facing a similar situation, it is crucial to act calmly and strategically. Panicked reactions can worsen the situation. Here are the immediate steps you should consider:

• Do not immediately delete the content. While it may seem like a quick fix, it can sometimes be interpreted as an admission of guilt. First, seek legal guidance.
• Preserve all records. This includes a copy of the legal notice, a downloaded copy of your video or content in question, and any research material or sources you used to create the content.
• Avoid direct communication with the party that sent the notice. All further communication should be routed through your legal counsel to avoid making any inadvertent admissions.
• Review your content objectively. Try to understand the specific statements the other party has flagged as defamatory or problematic.

Applicable Sections of Law

Such cases primarily involve the laws of defamation and electronic records. The key legal provisions to be aware of include:

• Section 356 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section defines and punishes the offence of defamation. It is important to note the exceptions provided, such as imputations of truth made for the public good, fair comment on public conduct of public servants, or the merits of any case decided in a court of law.
• The Information Technology Act, 2000: While Section 66A has been struck down, other provisions of the IT Act can be invoked in cases involving online content. For instance, complaints may be filed relating to the transmission of obscene or harmful material, though the primary charge in a case like this would likely be defamation under the BNS.

If you are the complainant

If you or your company believes you have been defamed by an online content creator, here is the course of action:

• Gather Evidence: Securely save the URL and a timestamped, downloaded copy of the video or post. Take screenshots of defamatory comments and measure the content’s reach (views, shares).
• Document Damages: Collect evidence of the harm caused to your reputation. This could include emails from concerned clients, a drop in business inquiries, or negative press citing the content in question.
• Send a Legal Notice: Have a lawyer draft a clear and specific legal notice. It should detail the defamatory statements, the harm caused, and the specific remedies you seek (e.g., takedown, apology, damages).
• Initiate Legal Action: If the notice is ignored, you can file a criminal complaint with the police or a private complaint before a Magistrate. Alternatively, you can file a civil suit for damages for defamation.
• 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

If you are a content creator who has received a legal notice, like Rohan, you are the recipient of the complaint. Here is what you should do:

• Stay Calm: A legal notice is not a court order. It is the first step in a potential legal process. Do not panic.
• Preserve Everything: Keep the notice and all related communications. Do not alter or delete the content in question until you have spoken with a lawyer.
• Gather Your Defences: Collate all the source material you relied upon, such as news articles, public records, or court documents. This will be crucial to establish that your content was based on facts and was a fair comment.
• Do Not Engage: Refrain from posting about the legal notice on social media or contacting the complainant to argue your case. This can complicate your legal position.
• 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

When a criminal complaint for online defamation is filed, the police, often the Cyber Crime Cell, will typically take the following steps. They will first conduct a preliminary inquiry to ascertain if a cognizable offence is made out from the complaint. They may issue a notice under Section 41A of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), summoning the content creator to the police station to record their statement and join the investigation. The police will examine the content and the evidence provided by both parties. Their role is to investigate whether the content is prima facie defamatory and whether any of the exceptions to defamation apply before deciding whether to file a final report (chargesheet) in court.

FAQs people normally have

Can I talk about real court cases on my channel?
Yes, you can discuss court cases, especially those that have been concluded. This falls under the exception of fair comment on the merits of a decided case. However, be cautious with ongoing (sub-judice) matters, as commenting on them could potentially amount to interference with the administration of justice. Stick to facts that are on the public record.

What is the line between legal awareness and illegal legal advice?
Legal awareness involves providing general information about laws and legal procedures (e.g., “This is how the bail process works”). Legal advice is specific guidance tailored to an individual’s unique factual situation (e.g., “In your specific case, you should apply for anticipatory bail”). Providing legal advice without being a qualified and enrolled advocate is illegal.

Is telling the truth a valid defence against a defamation charge?
Yes, truth is a strong defence. Under Section 356 of the BNS, it is not defamation to publish a true statement about a person if it is for the public good. The burden of proving both the truth of the statement and that it was for the public good lies on the accused.

What evidence is required?

For the Complainant (the company):

• A digital copy of the allegedly defamatory video or content.
• A transcript of the specific statements considered defamatory.
• Evidence of publication and viewership (e.g., screenshots of view counts, shares).
• Proof of damages, such as loss of business, client complaints, or negative impact on stock value that can be directly linked to the content.

For the Accused (the content creator):

• All source materials used for creating the content (news reports, public documents, etc.).
• The full video or content to provide context.
• Any communication that shows a lack of malicious intent.
• Evidence to support the truth of the statements made and to argue that they were for the public good.

How long will the investigation take?

The duration of a police investigation can vary significantly. A simple case may be concluded in a few months. However, complex cybercrime and defamation cases involving digital evidence analysis and multiple witnesses can take much longer, sometimes extending over a year. The process involves recording statements, seizing digital devices for forensic analysis if necessary, and obtaining expert opinions. The subsequent court trial, if a chargesheet is filed, is a separate and often lengthy process.

Advocate Sudhir Rao, Supreme Court of India