A STUDY ON CYBER DEFAMATION AND JUDICIAL INTERVENTION

 

By : Sneha Gupta 

Abstract :

Internet defamation suits’ are different from ‘traditional defamation suits’. Cyber defamation is a new phenomenon in which defamation is carried out via a new medium, or virtual medium, but the definition of conventional defamation still applies to cyber defamation. The unique challenges faced by plaintiffs seeking remedies to damage goodwill or damage their reputation includes: the anonymity off the author responsible for defamation, and the costs and jurisdiction issues of successfully tracing the defendant. Online defamation is neither limited by time nor borders. That is to say, a person sitting in one corner of the world can easily cause damage to a person sitting in another corner of the world within a few minutes. This academic piece intends to study on the cyber defamation in India, its laws, awareness and judicial intervention. The paper includes quantitative method of research; the questionnaire is floated to around 150 people in order to analyze the present status of cyber defamation in India. The paper is into 3 parts, first part contains introduction, research objective, problem, hypothesis followed by literature review, second part contains methodology, chapterization, followed by analysis of empirical work and last part contains case laws, judicial intervention, results, suggestions followed by conclusion. Cyber defamations is becoming serious offence and only laws will not be enough to improve the status of cyber security but awareness should be generated to improve it. Cyber defamation is becoming a serious offence with the advancements in technologies, so the issues and problems need to be addressed soon.

Introduction:

The word "cyberspace" refers to a virtual network in which contact takes place over an electronic network. When two or more computers are linked, a space for connectivity is created, which is known as cyberspace. Cybercrime is described as a crime committed over the web or by the use of a device. Defamation on the internet is also a form of cybercrime.

Defamation is described as damaging a person's reputation in the eyes of a third party, and it can be done by spoken words, written words, signs, or obvious representations of something that damages the person's reputation. Defamatory comments can damage a person's image in the eyes of the general public, and they can be made deliberately or unintentionally. Cyber defamation is a new phenomenon in which defamation is carried out via a new medium, or virtual medium, but the definition of conventional defamation still applies to cyber defamation. Online defamation is another term for cyber defamation. In online defamation, a device or the network is used to publish some defamatory content in order to damage a person's credibility. Cyber or online defamation occurs when someone sends an email to another person containing defamatory content or publishes something on a website that harms a person's credibility. Cyber defamation has far-reaching implications for a society's well-being as a whole. This type of defamation has an effect on the economy of a country, depending on the victim about whom the defamatory allegation is made and the information that is made public. Since online comments are available to anyone who uses internet services, online defamation can damage the victim's integrity and reputation. Occasionally, the author who publishes the statement loses control over it due to repetition of the statement and the author's lack of control over publishing his statement in the cyber environment. If the statement is altered or removed within a short period of time after it is published, it is likely that it will be replicated or mirrored and made public, making it impossible to remove. If the material is mirrored, it could be accessible to the general public, even if it has been deleted from the main or primary source by the author.