Anupama
in Constitutional Law
Asked September 25, 2013

How is 'Cyber Defamation' dealt with under the Information Technology

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How is 'Cyber Defamation' dealt with under the Information Technology Act?

Answers 2

Default avatar
Vedang

Cyber law encompasses cyber crimes, electronic commerce, freedom of expression, intellectual property rights, jurisdiction issues, choice of law, and privacy rights. Cyber crimes involve activities like credit card fraud, unauthorized access to computer systems, child pornography, software piracy and cyber stalking. Freedom of expression includes defamation, obscenity issues and censorship.

Cyber defamation is recognized a crime under the Indian Penal Code, 1860 and the Information Technology Act, 2000. Section 499 of the Indian Penal Code deals with the offence of defamation and by virtue of the enactment of the Information Technology Act also covers within its ambit the offence of cyber defamation. The Information Technology Act, 2000 does not specifically makes punishable the offence of cyber defamation but the act of sending grossly offensive material for causing insult, injury or criminal intimidation is a punishable under Section 66A of the Act. Sections 469 and 503 of Indian Penal Code also punish the offence of using internet as a medium to harm the reputation of other person.

66A. Punishment for sending offensive messages through communication service, etc

Any person who sends, by means of a computer resource or a communication device,

(a) Any information that is grossly offensive or has menacing character;

(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience,     danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently by making use of such computer resource or a communication device;

(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages

shall be punishable with imprisonment for a term which may extend to three years and with fine.

 

Section 77 B: Notwithstanding anything contained in Criminal Procedure Code 1973, the offence punishable with imprisonment of three years and above shall be cognizable and bailable.  If crime is proved accused shall be punishable with imprisonment for a term which may extend to three years or with fine.

Agree Comment 0 Agrees about 3 years ago

Default avatar
Prerna

The Section 66A of the Information Act, 2000 does not specifically deal with the offence of cyber defamation but it makes punishable the act of sending grossly offensive material for causing insult, injury or criminal intimidation.

 In India, both civil and criminal remedies are available in case of defamation. The Indian Penal Code provides for criminal liability and civil actions lies under the Tort. Section 499 of the IPC:-“Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes 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 expected, to defame that person.” Section 500 of IPC: “Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.”

After the amendment in the year 2008, Information and technology act, 2000 now covers these matters of cyber defamation. Section 66 A states:“Any person who sends, by means of a computer resource or a communication device,-

1.          any information that is grossly offensive or has menacing character; or

2. any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently makes by making use of such computer resource or a communication device,

3.  any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages

 

            Shall be punishable with imprisonment for a term which may extend to three years and with fine.”

Agree Comment 0 Agrees about 3 years ago

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