Understanding Cyber Defamation in the Age of Social Media

Shikha Vyas, an intern at Lawopedia Newsletter has penned down her thoughts on "Cyber Defamation in the age of social media."

The rapid rise of social media has transformed the way we communicate, allowing people to share opinions and ideas instantaneously. However, this newfound connectivity has also opened the door to cyber defamation—an alarming trend where false information can harm individuals and organizations with just a few clicks. Striking a balance between freedom of expression and protecting reputations is crucial, especially in an environment where misinformation can spread like wildfire.

Defining Cyber Defamation

The Bhartiya Nyaya Sahita, 2023 defines defamation in section 356 as Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes in any manner, any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.

Social media is actively indulging in both kinds of defamation which are slander and libel. Former means the spoken defamation (e.g., podcasts, videos, verbal conversations) whereas later means the written or published defamation (e.g., social media posts, articles, blogs).

The Challenges of Cyber Defamation

Social media and defamation are a toxic mix. The moment misinformation is published on social media, the social media algorithm works as a catalyst and aids the spread of it. The permanence of this information worsens the situation. Once information has been shared on social media it remains on the platform forever. Even if the platform erases it, the audience decides to keep it under the table forever and flash it viral for their benefit.

So, a simple defamation case converts into a malicious and criminal situation.?

Anonymity is another challenge for cyber defamation. This becomes a chain of crimes, as an anonymous person misrepresents and then harms the reputation of others. In such a case it is almost impossible to catch the worm and curb the crime.

Common Examples of Defamatory Content

Some examples of defamatory social media posts are:

1. A malicious rumour concerning an individual's private life.

2. False allegation concerning a company or a group

3. False allegation of illegal activity?

4. Disseminating falls or distorted information.?

5. False advertisement

6. Unethical or immoral comments on the posts

7. Counter-posting an old allegation; etc.

Legal Frameworks Addressing Cyber Defamation

Authorities around the world are increasingly recognizing the need to address cyber defamation, leading to the development of various laws:

International laws:

• Human Rights Council of the United Nations The right to free speech and other liberties that individuals enjoy outside should be protected online, as this council has stated time and time again.?
• Court of Human Rights for the Americas The American Convention on Human Rights was found to be breached by Costa Rica's criminal defamation legislation in the 2004 case Herrera-Ulloa v. Costa Rica.?

Online information may be instantaneously viewed worldwide, making online defamation a potential source of complicated international legal conflicts. This may lead to the recognition of defamatory remarks as having caused harm in several states.?

United States

• Communications Decency Act (CDA) of 1996: Provides immunity for online platforms, allowing them to host user-generated content without being liable for defamation.
• State-Specific Laws: Such as California's Anti-SLAPP law, designed to prevent strategic lawsuits against public participation.

European Union

• EU Directive on Electronic Commerce: Establishes guidelines for online content and defamation.
• Right to Be Forgotten (2014): Allows individuals to request the removal of certain personal data from search engines.

Cyber defamation laws in India

Though India does not have exhaustive laws regarding social media defamation, there are still provisions for defamation and the Indian judiciary is capable of taking into account cases even if exhaustive provisions are not available.

The Information Technology Act, 2000:

Section 66A, Punishment for sending offensive messages through communication service, etc., provides punishment of up to three years with a fine. this section, terms ―electronic mail and ―electronic mail message means a message or information created or transmitted or received on a computer, computer system, computer resource, or communication device including attachments in text, image, audio, video, and any other electronic record, which may be transmitted with the message.?

Section 67 punishment for publishing obscene information (up to 5 years imprisonment and fine) and Section 69A provides the power to issue directions for blocking public access to information.

The best practices you can do for prevention are to verify the information before sharing, avoid making unsubstantiated claims, use discretion when posting online, monitor the online presence, and seek legal advice. We hope this blog provided you with a brief about defamation on social media and the awarded rights you have regarding the same.

Conclusion

Cyber defamation is a pressing issue in today’s digital age, fuelled by the rapid dissemination of information on social media platforms. As the lines between free expression and defamation blur, understanding the legal framework and knowing your rights is essential. By being proactive and adopting best practices, individuals and organizations can protect their reputations while fostering a more responsible online environment. This blog aims to raise awareness about cyber defamation and equip readers with the knowledge necessary to navigate this complex landscape.

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