If you are stuck in such a situation, here is what to do.
Mr. Rohan Mehta, a resident of Jaipur, was an active member of a popular online community forum called “India Dialogue.” He recently posted a detailed comment about his negative experience with a new real estate project by “Apex Builders,” citing delays and poor construction quality. Within hours, his comment was deleted, and his account was permanently banned from the forum without any clear explanation. Soon after, several anonymous accounts on the same forum and other social media sites began posting malicious and false information about Mr. Mehta, accusing him of being a corporate rival trying to sabotage Apex Builders. These posts damaged his personal and professional reputation. Mr. Mehta felt helpless, silenced, and targeted, and was unsure of what legal steps he could take against the forum and the anonymous individuals defaming him.
Advice in such cases
Navigating online harassment and unfair platform actions can be distressing. It is crucial to act methodically and not emotionally.
Do Not Engage: Avoid getting into arguments or direct confrontations with the anonymous accounts. Engaging can often escalate the situation and may lead you to say something that could be used against you.
Preserve Evidence: Take screenshots of everything – the defamatory posts, the comments, the profiles of the anonymous users, and any notification of your account being banned. Make sure the date, time, and URL are visible in the screenshots.
Report to the Platform: Use the platform’s reporting mechanism to flag the defamatory content. While your account may be banned, you can ask a friend to help report the content or create a new account solely for this purpose. Document these reports as well.
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 resolve in 7-10 days.
Applicable Sections of Law
Several provisions under Indian law can be invoked in such situations. With the implementation of new criminal laws, the following sections are relevant:
Section 356 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with the offence of defamation. Making or publishing any imputation concerning any person with the intention to harm, or knowing that it will harm, their reputation is a criminal offence. Online posts fall squarely within this definition.
Section 351 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section addresses criminal intimidation. If the posts or messages threaten you with injury to your person, reputation, or property, it constitutes an offence under this section.
The Information Technology Act, 2000: While the BNS covers the criminal act, the IT Act and its rules (specifically the Intermediary Guidelines) place certain obligations on online platforms like “India Dialogue.” They are required to have a grievance redressal mechanism and must remove unlawful content upon receiving a valid order from a court or government agency.
If you are the complainant
As the person who has been wronged (the complainant), you should take the following steps in a structured manner:
Send a Legal Notice: Your lawyer can draft and send a legal notice to the online platform, demanding the removal of the defamatory content and seeking information about the anonymous users who posted it. This creates a formal record of your complaint.
File a Police Complaint: You can file a complaint at your local police station or, more effectively, with the Cyber Crime Cell of your city. The complaint should detail the entire incident, supported by the evidence you have collected. The police can then register a First Information Report (FIR) under the relevant sections of the BNS.
File a Civil Suit for Damages: In addition to criminal proceedings, you can also file a civil lawsuit for defamation in a civil court, seeking monetary compensation for the loss of reputation and mental agony caused.
If you are the victim
As the victim of online defamation and harassment, your primary role is to be the source of information and evidence for the legal proceedings. Your strength lies in meticulous documentation.
Consolidate All Evidence: Create a dedicated folder on your computer and in the cloud. Store all screenshots, save the URLs of the defamatory posts in a document, and note down the exact dates and times of the incidents.
Identify Witnesses: If any friends, family, or colleagues have seen these posts, their statements can serve as witness testimony to establish the harm caused to your reputation.
Maintain a Log: Keep a written diary or log of all events, including every new post, every action you took (like reporting content), and every communication you had regarding the matter. This will be invaluable for your lawyer and the police.
How the police behave in such cases
Dealing with cybercrime can sometimes be challenging, but understanding the process helps. The Cyber Crime Cells are specially equipped to handle such cases. Typically, upon receiving a complaint, the police will investigate the matter by issuing a notice under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to the intermediary (the online forum or social media company). This notice will require the platform to provide the IP addresses, registration details, and other electronic records associated with the anonymous accounts. The process can be slow as it involves coordination with corporate entities that may have servers outside India. Persistence and regular follow-ups with the investigating officer are often necessary.
FAQs people normally have
What evidence is required?
The most crucial evidence in an online defamation case is digital. You must collect:
Screenshots or screen recordings of the defamatory posts, comments, and profiles.
The specific web links (URLs) to the posts.
Any emails or notifications you received from the platform, including the ban notification.
Information about the anonymous profiles (username, profile picture, etc.).
Statements from witnesses who saw the content and can attest to the damage to your reputation.
How long will the investigation take?
The duration of a cybercrime investigation varies significantly. It can take anywhere from a few weeks to several months or even longer. The timeline depends on several factors, including the responsiveness of the online platform in providing user data, the technical complexity of tracing the perpetrator (who may be using VPNs to hide their location), and the workload of the Cyber Crime Cell. A civil suit for damages may also proceed on its own timeline, often taking a couple of years to reach a conclusion.
Advocate Sudhir Rao, Supreme Court of India