Damage On Social Media – Defamation Streams, Punishment And Complaint Process

Nowadays many people misuse social media and spread false and derogatory things against others, causing huge loss to their social, mental reputation. The number of such cases has increased rapidly in the last few years, especially when someone’s personal photos are made viral, or by making false allegations, someone is maligned. That is why it becomes very important for all of us to know that if someone disrepute us on social media, then what action can we take legally against that person. In this article today, we will give you complete information on this subject, what is infamy on social media and how is it done? What streams are imposed when infamous on Facebook, Instagram, YouTube or Twitter? How to file a defamation case if there is infamy on social media?

What is infamy or defamation on social media?

When a person writes or speaks false, wrong or dirty things about someone on internet or social media such as Facebook, Instagram, Twitter, YouTube, or WhatsApp, which causes damage to the person’s honor, it is called online slander or defamation on social media.

This defamation can be of two types:

Writing slander: Like posts, comments, tweets, blogs or messages.
Speaking of slander: Like videos, audio or live words in live.

Is it a legal offense to discredit anyone on social media in India?

Yes, if a person in India maligns someone on social media or internet, then it is considered to be crime according to the law. For example, if someone writes false, wrong, or derogatory things on platforms like Facebook, Instagram or WhatsApp about you, or speaks in the video, which hurts your honor, you can make a legal complaint against the person.

What is the common way to discredit on social media?

Writing false posts or status: A person should write a thing against you on Facebook, Instagram or Twitter that is false and people become misunderstanding, such as “cheated”, “stolen”, etc.
Tampering your photo or video: To make a change in your real photo or video, to present it in a wrong way, so that people misunderstand you.
Creating a fake account in your name: Many times people make a fake profile in the name of others and post false things or pornographic things, which spoils the real person’s honor.
To make dirty comments about you: If someone writes derogatory or embarrassing things on your post, photo or video, he also comes into defamation.
Putting wrong information on the blog or website: If someone puts such an article or news about you on the Internet in which all the things are false, then they can also be a source of infamy.

What legal sections are imposed when discredit on online platform?

If a person spoils a person’s honor by spreading false things on social media or posts inflammatory things, then a case can now be registered against him under the Indian Justice Code (BNS) and IT Act.

1.BNS Section 356 – Defamation sentence (Earlier IPC 500 used to take)

If a person tells or writes a false, defamation thing on social media, which hurts someone’s honor, then it seems to be a stream. This section suggests that defamation may cause punishment, fine, or both.

2. BNS Section 352 – Intentionally insulting and provoking quarrels (earlier IPC 504)

If a person says insults with the intention of making someone angry or provoking someone on social media, which can cause a quarrel, then it seems to be a stream.

3. BNS Section 353 – Spreading rumors or disturbing peace (first IPC 505)

If a person spreads a lie on the Internet that can spread riot, fear or hatred, then this legal stream applies.

Cremoms of IT Act:

IT Act Section 67 – Posting pornographic ingredients: If a person posts pornographic photos, videos or messages on the internet, then it seems to be a stream.
IT Act Section 69A – Blocking objectionable posts or websites: If a photo or video is against the security or peace of the country, the government can block it under this section.
Other cyber crime and sections related to them: IT Act Section 66E – Sending his personal photo or video without permission.
BNS Section 78 – Stalking (Earlier IPC seemed 354D): If someone repeatedly harasses social media, sends a message or chases, then it is a crime.
BNS Section 74 – To hurt women’s dignity (earlier IPC 354): If a woman humiliates the woman by saying dirty, vulgar or low talk on social media.

If someone maligns on social media, how to take action against him?

In today’s time, insulting someone on social media is becoming a common thing. But if this happens to you, there is no need to panic. You can face it in a legal way. Below we have been told in simple language what you should do:

1. Gather proof: Take a screenshot of whatever post, photo, video or message you are being slandered or keep its link. If there is a video, keep it in the phone. This proof will be used in further action.

2. Report on social media platforms: Nowadays every social media site has facility to complain. So you can report to the post or profile that has gone against you so that it can be removed as soon as possible.

3. Complain in police or cyber cell: If the case is more serious such as pornographic materials, photos tampering, or threatening, then you can also lodge an FIR (FIR) to the nearest police station or complain to the cybercrime cell.

Give this information in the complaint:

How to slander
What are the evidence you have
Information of the accused (if it is)

4. Complain on online cybercrime portal

If you do not want to go to the police station, then you can also complain on the official website made for such cases www.cybercrime.gov.in.

First of all go to the website given above

After this, click on “Report Other Cyber Crime”, then fill the form and upload the necessary documents.

5. File a defamation case in the court

If the matter is serious and does not solve the talk, then you can file a defamation case in the court:

Civil case: If you only want compensation (compensation), then file a case in Civil Court.
Criminal case: If you want the front to be punished, then you can file a defamation case under Section 356 of the Indian Justice Code (BNS) in the Criminal Court.

Consult a lawyer: If the case is more serious, consult an experienced cyber law expert lawyer. They will tell you which streams take place and what will be the process in the court.

How can compensation be found on social media?

If someone has damaged your honor by spreading false things on social media or internet, which has caused mental stress, slander in society or loss of functioning, then you can ask the court. This process is called Civil Defamation Suit.

How to demand compensation in Civil Defamation Suit?

You have to file a case in Civil Court. In this case, you can say to the court that false things were spread against you. Due to which your respect in the society was very damaged and you also had to face mental stress.

Based on this, you can demand compensation, that is, you can ask the court that the person in front should give you money as compensation for the loss.

How to prove this thing that you should get damages in court?

Damage will be found only when you can prove in the court that you have suffered a loss in the right. Some things are necessary for this:

Give strong evidence: Keep the screenshot or link of posts, videos, comments or links. Along with this, present such witnesses that can tell how much damage you have suffered from this infamy.
Account of loss: For mentally caused problems, the doctor’s report and if you have been fired from the job due to this slander, then give a letter of withdrawal, business deficit papers in the court.
Prove truth and intention: In this you have to show that the person in front of the front or carelessly spread wrong information against you.

How much compensation do you get in online defamation case?

The court determines how much money you should get on the basis of your loss. These money can be from a few thousand to millions of rupees, which is fixed on the basis of seriousness of crime, amount of loss.

Conclusion: In today’s time, social media has the freedom to express their views, but with this we should also remember that responsibility is also associated with this freedom. If someone maligns you on social media, do not take it lightly. Keeping silent can cause further damage to your image. If you are facing any such problem, and want to get the advice or help of a lawyer, then you can talk to our team of lawyers now.

Frequently asked questions

In how long can social media slander be defamable? Usually defamation case should be registered within a year in such cases.

Can a complaint be made if you discredit Facebook, Instagram or WhatsApp? Yes, you can report that post on the platform as well as on the cybercrime portal.

Can an FIR be registered against online slander? Yes, you can register an FIR in your nearest police station or cyber crime cell.

If someone edits my photo and puts it on social media, will it be considered disgrace? Yes, tampering with the photo and putting it on social media can be considered both infamy and cyber crime.

Can a case be filed on slander with fake account? Yes, slander by creating a fake account falls under the category of cyber crime and strict legal action can be taken against it.

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