• Defamation, cyberbullying

Dear Sirs

Firstly I thank everyone on this Forum as you all have helped and given legal insights to me which help me take an informed decision. And hence I have referred Kanoon.com to many of my friends who were looking for legal help and they also have said the same. 

An Ex-colleague of mine who is a struggling Executive producer from Mumbai is facing a social media backlash threat by posting disruptive posts on Instagram and Facebook. 

It is basically a small dispute on the sets of a Documentary film shoot between two people. The parties did not have any contract and it was more of paid freelance exchange. The person blaming has walked out from the shoot mid way and and caused a lot of inconvenience on the sets and my friend almost got fired by his boss(Client). That person claims that my friend is too arrogant. Since that person walked out my friends office did not pay for his services but took care of travel and stay. 

My Friend consulted one lawyer and he is suggesting a defamation case on the person for posting false and disruptive social media post. The person who posted is telling other people and is threatening my friend's colleagues saying he is mobilising more influencers to damage the reputation. My friend is not so rich to pay off such threats and he truly believes he is innocent of such accusations. 

How does the Defamation Law protects a person from such bullying on Social Media? He is accusing my friend with Women abuse and Homo phobia. Some legal pointers would help my friend and can contracts help
Asked 2 years ago in Intellectual Property

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5 Answers

- Firstly , your friend can file a complaint against the incident happened there and misbehaved by his boss .

- Further, he can send a legal notice to his said boss to pay the service charge , and also mention that in the event of non -payment and using social media to defame him , he will be constrained to take legal action against him and to file a Criminal defamation case. 

As per Supreme Court, One is bound to tolerate criticism, dissent and discordance but not expected to tolerate defamatory attack,

- Under sections 499 and 500 of the Indian Penal Code, defamation is a criminal offence. Defamatory acts can include “words either spoken or intended to be read", signs or visible representations, which are published or put up in the public domain. The offence is punishable with up to two years imprisonment, a fine or both.

- Your friend has his  legal right to live in the society peacefully and respectfully. Law of the land is bound to protect him.

- Your mentioned details are amounts to Defamation, and a criminal case can be filed., hence if that person not apologies  and pay the service charge then your friend can file a defamation case before the court .  

- Your friend also can file a civil defamation case, for claiming compensation as well. 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

Legal notice has to be issued to withdraw false and defamatory statements made and tender an unconditional apology 

 

2) truth is best defence in defamation proceedings 

 

3) criminal complaint had to be filed under section 500 of IPC for making defamatory statements 

 

4) also civil suit for damages can be filed to claim damages from defendant 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

The suggestion  made by one lawyer to resort to legal action by issuing a legal notice demanding explanation and huge sum for the defamatory contents posted by the opposite party in the social media ruining your friend's career and spoiling his name and fame in the society is a good guidance, which can be followed up by filing a defamation criminal complaint and a defamation suit both in criminal and civil court accordingly.

You may advise your friend to consul;t a local lawyer and proceed legally s suggested including to defend his interests if your friend is sued by the opposite party on any false claims or allegations. 

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Dear Querist

Publication of defamatory remarks called Slender and your friend may file a civil and claim damages as per his reputation, as well as criminal case under section 499 of IPC, read with sections of IT act-2000 against that person who published those defamatory remarks over the Facebook and Instagram.

 

 

Criminal Defamation: - Section 499 of IPC: - Defamation.—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.

Explanation 1.—It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.

Explanation 2.—It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.

Explanation 3.—An imputation in the form of an alternative or expressed ironically, may amount to defamation.

Explanation 4.—No imputation is said to harm a person’s reputa­tion, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgrace­ful. 

 

 First Exception.—Imputation of truth which public good requires to be made or published.—It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact.

 

Second Exception.—Public conduct of public servants.—It is not defamation to express in a good faith any opinion whatever re­specting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further.

 

Third Exception.—Conduct of any person touching any public question.—It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further. Illustration It is not defamation in A to express in good faith any opinion whatever respecting Z’s conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending such meeting, informing or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situa­tion in the efficient discharges of the duties of which the public is interested.

 

Fourth Exception.—Publication of reports of proceedings of Courts.—It is not defamation to publish substantially true reports of the proceedings of a Court of Justice, or of the result of any such proceedings. Explanation.—A Justice of the Peace or other officer holding an inquiry in open Court preliminary to a trial in a Court of Jus­tice, is a Court within the meaning of the above section.

 

Fifth Exception.—Merits of the case decided in Court or conduct of witnesses and others concerned.—It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further.

 

Sixth Exception.—Merits of public performance.—It is not defa­mation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further. Explanation.—A performance may be substituted to the judgment of the public expressly or by acts on the part of the author which imply such submission to the judgment of the public.

 

Seventh Exception.—Censure passed in good faith by a person having lawful authority over another.—It is not defamation in a person having over another any authority, either conferred by law or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates.

 

Eighth Exception.—Accusation preferred in good faith to autho­rised person.—It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject matter of accusation. Illustration If A in good faith accuse Z before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to Z’s master; if A in good faith complains of the conduct of Z, and child, to Z’s father—A is within this exception.

 

Ninth Exception.—Imputation made in good faith by the person for the protection of his or other’s interests.—It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the inter­ests of the person making it, or of any other person, or for the public good.

 

Tenth Exception.—Caution intended for good of a person to whom conveyed or for the public good.—It is not defamation to convey a caution, in good faith, to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed, or of some person in whom that person is inter­ested, or for the public good.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Yes you can go for defamation if the contents posted by him is defamatory in nature

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

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