If you are stuck in such a situation, here is what to do.
Mr. Alok Kumar runs a reputed educational consultancy, “Pragati Learning Solutions,” in the city of Gyanpur. For over 15 years, his institution has maintained an impeccable track record, earning several national accolades for its contribution to student guidance. Recently, Mr. Kumar was shocked to find an anonymous article on a popular online forum that accused his company of fraudulent practices and selling fake certificates. This baseless allegation, posted without any proof, began to damage his hard-earned reputation. Potential clients started asking questions, and the morale of his team was affected. Mr. Kumar was distressed, knowing the claims were entirely false but unsure how to combat this anonymous online attack legally.
Advice in such cases
Facing false allegations online can be incredibly stressful and damaging to your business. It is crucial to act strategically and not emotionally. Here are the steps you should consider:
Preserve Evidence: The first and most critical step is to gather and preserve all evidence. Take clear screenshots of the defamatory posts, comments, and the article. Make sure the URL, date, and time are visible. If possible, use a screen recording tool to capture the content.
Do Not Engage Publicly: Avoid the temptation to reply to the anonymous user or get into a public argument on the forum. Engaging can often escalate the situation, give the post more visibility, and may harm your legal case later.
Report to the Platform: Most social media platforms and forums have policies against harassment and false information. Use their reporting mechanism to report the post. While this may lead to the content being taken down, it does not address the legal damage already done.
Send a Legal Notice: Through your lawyer, you can send a legal notice to the platform, demanding the removal of the content and requesting information about the user who posted it, such as their IP address and account details, as per the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
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
When dealing with online defamation, several laws in India come into play. With the introduction of new criminal laws, the legal landscape has been updated:
Section 356 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section deals with the offence of defamation. If someone publishes any imputation concerning any person with the intention to harm their reputation, it constitutes defamation. Online defamation, also known as cyber defamation, is covered under this section. The punishment can include imprisonment for up to two years, a fine, or both.
The Information Technology Act, 2000: While the BNS is the primary law for the offence, the IT Act provides the framework for dealing with electronic evidence and the liability of intermediaries (the online platforms). Specific sections can be invoked to compel platforms to share user data for investigation.
Civil Suit for Damages: Apart from criminal action, you can also file a civil suit in a court of appropriate jurisdiction, seeking monetary damages for the loss of reputation and business. You can also request a permanent injunction to prevent the person from posting such content in the future.
If you are the complainant
As the person or business whose reputation has been attacked, you are the complainant. Your course of action should be methodical:
Gather All Evidence: Compile all screenshots, URLs, and any data showing a decline in business or negative impact that can be linked to the defamatory post.
Identify the Offender: While the poster may be anonymous, a complaint to the Cyber Crime Cell can initiate a process to trace the individual’s IP address through the platform where the content was posted.
File a Complaint: You can file a formal complaint (FIR) at your local police station or with the specialized Cyber Crime Cell. 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
As the victim of such an online attack, your immediate focus should be on damage control and initiating the legal process:
Act Quickly: The internet moves fast. The longer the defamatory content stays online, the more damage it can do. Start the evidence preservation process immediately.
Assess the Damage: Try to quantify the impact on your business. Have you lost clients? Have your online ratings dropped? This information will be crucial for a civil suit for damages.
Internal Communication: Keep your employees and key stakeholders informed about the situation and the steps you are taking to address it. This maintains morale and trust.
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 response from the police, especially Cyber Crime Cells, has improved significantly over the years. Generally, upon receiving a complaint, they will:
Register an FIR: After a preliminary inquiry, if they find that a cognizable offense has been committed, they will register a First Information Report (FIR).
Issue Notice to Intermediary: The police will issue a formal notice under Section 91 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to the online platform (the intermediary) to preserve the data related to the post and provide details of the user who uploaded it.
Investigation: The investigation involves tracing the IP address, identifying the user, and gathering evidence to prove their intent to defame. This can be a lengthy and technically complex process.
Jurisdictional Challenges: Sometimes, jurisdictional issues can arise if the server of the platform is located outside India, but there are established legal procedures and mutual legal assistance treaties to handle such situations.
FAQs people normally have
What evidence is required?
To build a strong case for online defamation, you will need:
Digital copies of the defamatory content (screenshots, archived web pages, URLs).
Witnesses, if any, who can testify to the damage to your reputation.
Evidence of your prior good reputation (awards, positive reviews, client testimonials).
Proof of financial loss or business disruption that can be directly attributed to the defamatory post.
Any communication you may have had with the platform regarding the removal of the content.
How long will the investigation take?
The duration of an investigation for online defamation can vary significantly. It depends on several factors:
The responsiveness of the online platform in providing user data.
The complexity involved in tracing the accused, especially if they have used proxies or other methods to hide their identity.
The workload of the investigating agency (Cyber Crime Cell).
The overall procedural requirements of the legal system.
It can take anywhere from a few months to over a year for the investigation to conclude and a chargesheet to be filed.
Advocate Sudhir Rao, Supreme Court of India