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

Mr. Rohan Mehra, an administrator of a popular online forum called “Startup Sphere” based in the city of Vidyanagar, found himself in a difficult position. The forum was created to provide a supportive environment for new entrepreneurs to seek advice and network. However, a new member, using the alias ‘InnovatorRani’, began disrupting the community. This user would frequently post unsubstantiated and derogatory comments about other members’ business ideas, often targeting individuals with personal insults and spreading misinformation about their ventures. When confronted by moderators or other members, ‘InnovatorRani’ would become defensive and aggressive, derailing constructive conversations. The negative atmosphere started affecting the forum’s credibility, and several members complained to Mr. Mehra, feeling harassed and defamed. Mr. Mehra was concerned about the potential legal ramifications and the overall health of his online community.

Advice in such cases

Dealing with online harassment and defamation requires a calm and strategic approach. The digital nature of the evidence is both an advantage and a challenge. Here is some general advice:

• Document Everything: Take clear, unedited screenshots of the offending posts, comments, and the user’s profile. Ensure the date, time, and URL are visible. This is the most crucial step.
• Do Not Engage: Avoid getting into a public argument with the harasser. Engaging often escalates the situation and can create more content that might be used against you.
• Use Platform’s Tools: Report the user and their content to the platform administrators (like Facebook, Reddit, LinkedIn, etc.) for violating their terms of service regarding harassment, hate speech, or bullying.
• Preserve Digital Footprints: Keep a record of the URLs of the posts and the user’s profile. Even if the content is deleted, these links can be useful for cybercrime investigations.
• 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

Under the new Indian laws, several provisions can be invoked in cases of online harassment and defamation:

• Section 356 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with the offence of defamation. If someone publishes any imputation concerning another person with the intent to harm their reputation, it constitutes defamation. Online posts and comments fall squarely within this definition.
• Section 341 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This pertains to criminal intimidation. If the comments include threats to cause harm to a person’s reputation, property, or person, this section can be applied.
• Information Technology Act, 2000: Certain sections of the IT Act can also be relevant for dealing with obscene content or violations of privacy, which sometimes accompany online harassment.

If you are the complainant

If you are the one initiating the complaint, whether as the group administrator or a targeted individual, follow these steps:

• Gather All Evidence: Compile all the screenshots, URLs, and any witness statements from other group members who observed the harassment.
• Report to the Platform: Formally report the user’s behaviour to the online platform. This creates an official record of your attempt to resolve the issue through the platform’s channels.
• Send a Legal Notice: Through a lawyer, you can send a legal notice to the individual (if their identity is known) demanding the removal of the defamatory content and an unconditional apology. This is often an effective first step.
• File a Police Complaint: You can file a complaint at your local cybercrime police station or register it online through the National Cyber Crime Reporting Portal. Provide them with all the evidence you have collected.
• 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 the person being directly targeted by the defamatory or harassing comments, your immediate actions are critical:

• Prioritize Your Safety: If the harassment includes threats, take them seriously. Limit your online visibility and inform your family or friends about the situation.
• Systematic Documentation: Create a folder and save all evidence chronologically. Include screenshots of the posts, the user’s profile, and any private messages you may have received.
• Block the User: After documenting the harassment, block the user to prevent further direct contact and mental distress.
• Seek Legal Counsel: An advocate can guide you on the best course of action, which could range from sending a legal notice to filing a criminal complaint for defamation and harassment.
• 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

The police, especially the cybercrime cells, are now better equipped to handle such complaints. Upon receiving a complaint, they will typically conduct a preliminary inquiry. If a cognizable offence is made out, they will register a First Information Report (FIR). For non-cognizable offences like defamation, they may advise you to file a private complaint before a Magistrate. The police have the power to issue notices to the online platform under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to obtain details of the accused, such as their IP address and account information, to trace them.

FAQs people normally have

Here are some common questions that arise in such situations.

What evidence is required?

The primary evidence includes digital records. This means clear, un-tampered screenshots of the comments, posts, and profile of the accused. The URL of the content is also vital. If other members of the online group have witnessed the harassment, their statements can serve as corroborative evidence.

How long will the investigation take?

The duration of a cybercrime investigation can vary significantly. It depends on factors like the responsiveness of the online platform in providing user data, the complexity of tracing the accused (who may be using a VPN or fake profile), and the workload of the investigating agency. It can take anywhere from a few weeks to several months.

Advocate Sudhir Rao, Supreme Court of India