• Defamation in society whatsApp forum

Our society whatsApp forum has about 150 members and is administered by the society. In a recent incident a bunch of residents have made maligning statements about me without evidence. I am not part of that forum. A committee meeting was called to investigate the event. Interestingly the residents took care not to name me but merely say an elderly gentleman from a particular block. Lot of nasty things were said and a lot of false accusations made. The incident involved a bunch of kids calling me names and me chasing them away. The mothers of the children later apologized for their behaviour and cleared my name in a private meeting with the committee which is unpublished. Committee doesn't want to give any letter. My lawyer says since none of the parties have named me in the group I cannot proceed with any defamation case. Really nasty abuses have been used in the group in my absence. Kindly advise.
Asked 9 months ago in Criminal Law
Religion: Hindu

3 answers received in 2 hours.

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14 Answers

No case of defamation is made 

 

your name  has not been mentioned in the defamatory statements made in the group 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

 

The issue has been resolved 

 

don’t file any defamation case as it would be dismissed 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

 

Don’t send any legal notice 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

Unless and until you have been named in presence of other persons and addressed with defamatory statements , no defamation lies.

Moreover if later the misconception leading to use of those bad words goes away and apologies tendered then no further case lies.

It is better of you forget this incident as a stay event and move on. 

Devajyoti Barman
Advocate, Kolkata
23647 Answers
537 Consultations

A defamation case can be filed even if a person's name is not explicitly mentioned, as long as the statement can be reasonably understood to be referring to a specific individual, effectively "indirectly holding" them accountable; this is based on the principle that the identity of the defamed person can be established through context clues or other identifiable details within the statement. 

If the statement includes enough descriptive details about a person, like their profession, location, or recent events, even without their name, it can be considered defamatory if it can be easily linked to a specific individual. 

As the committee have called those people in your presence to sort it out, it is a clear indication that they certainly unleashed defamatory contents against you.

As they are not apologetic you can issue them a legal notice demanding apology failing which they can be sued as per law.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

You can insist on the committee to furnish the conclusion letter for having sorted out the issue on the basis of the apologies tendered by the accused parties, if the committee is not cooperating then you can issue a legal notice to parties concerned directly through your lawyer on the basis of the meeting with the committee and demand apologies.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

The society cannot be blamed for the defamatory acts of its members because it was not at the instance of the society.

You can take legal action directly against those people if the society is not able to furnish it in writing.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

Dear Client,

Even if your name was not referred to directly, if the description of an "elderly gentleman from a particular block" unmistakably alludes to you, this may furnish grounds for a derivative action in defamation. You may also consider serving legal notices to those speakers whose statements have adversely affected you, asking for a retraction and an apology. Similarly, given that the defamatory messages were allowed to circulate without sanction from the society administrators, notice may be warranted to them as well. It would be well to make a formal request to the committee for a written conclusion or resolution, since this may serve as evidence supporting your position. If such defamatory statements persist in being made or are otherwise harmful to your reputation, it may become necessary to either file a suit against the parties under which the law under defamation proceeds to take action.

Hope this helps. Feel free to inquire for any further legal query.

Anik Miu
Advocate, Bangalore
11008 Answers
125 Consultations

  1. Even defamation by innuendo that is, defaming someone naming him indirectly also amounts to defamation.
  2. As the matter is uploaded in WhatsApp, it amounts of clear case of defamation.
  3. You can file a criminal complaint against those uploading defamatory matter under Section 356 of BNS, 2023.
  4. File complaint under Section 210 of B.N.S.S. 2023 in the  Court of Magistrate.
  5. You can issue a lawyer's notice seeking payment of damages. You can also file the complaint without any notice. 

Ravi Shinde
Advocate, Hyderabad
5121 Answers
42 Consultations

opinion of your lawyer is correct. No purpose would ve served by sending legal notice. It is society admin who shall be responsible for act and deeds of group members  

Siddharth Srivastava
Advocate, Delhi
1551 Answers

In your case, since the defamatory statements were made in a WhatsApp group administered by the society and involved maligning remarks against an 'elderly gentleman' from your block, there are legal remedies you can explore.


Legal Options:


1. Defamation Notice to the Residents Who Made False Allegations

  • While your lawyer is correct that no direct name was used, the context of the conversation, the committee’s involvement, and the subsequent meeting where you were called clearly establish that the defamatory remarks were directed at you.
  • You can send a legal notice for defamation (under Section 499 IPC and Section 500 IPC for criminal defamation) to the residents who made the false accusations.


2. Legal Notice to the Society Administration

  • Since the society administers the WhatsApp group and allowed the defamatory content to remain without intervention, they can be held responsible under civil and criminal law for not acting against it.
  • You can send a notice to the society's managing committee demanding:

    • A written clarification or letter acknowledging that the allegations were false and defamatory.

    • Immediate removal of the defamatory messages from the WhatsApp group.
    • A public apology from the committee in the same group.


3. Filing a Criminal Complaint Under IPC




If the residents or the committee refuse to act, you can lodge a criminal complaint under Section 500 IPC for defamation and Section 504 IPC (intentional insult with intent to provoke breach of peace).


4. Cyber Law Action Against the WhatsApp Group Admin

  • Under Information Technology (Intermediary Guidelines) Rules, 2021, WhatsApp group admins can be held liable if they fail to prevent defamatory or abusive content.
  • A complaint can be filed with the Cyber Cell for allowing abusive and defamatory remarks on a public forum.


Next Steps


  1. Try to obtain the committee’s conclusion letter stating that the allegations were false.

  2. Send a legal notice to the residents who defamed you and the society admin.

  3. If no resolution is reached, escalate by filing a criminal complaint under IPC and a cyber complaint against the WhatsApp group admin.


Given the seriousness of the allegations and their impact on your reputation, it is essential to act legally to clear your name and prevent future defamation.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

Aman Verma
Advocate, Delhi
501 Answers

Your case involves defamation (Sections 499 & 500 IPC), but since your name was not explicitly mentioned, it falls into a gray area. Here’s what you can do:


1. Legal Notice to Individuals & Society Admins

  • Send a legal notice to the individuals who made the defamatory statements, demanding a written apology and a public clarification in the WhatsApp group.
  • Also, send a notice to the society administration for failing to moderate defamatory content and enabling the spread of false accusations.


2. Defamation Case – Civil & Criminal


  • Criminal Defamation (IPC 500): If you can prove that the statements were clearly intended to harm your reputation and that everyone in the group understood it was about you, you can file a criminal complaint.

  • Civil Defamation: You can seek monetary compensation for mental harassment.


3. WhatsApp Admin’s Liability

  • Since the society is the admin, they are responsible for removing defamatory content and preventing abuse.
  • You can send a legal warning stating that continued negligence may result in legal action.


4. Right to a Written Clarification from the Committee

  • Since the committee called you for a meeting, they acknowledged you were the person being maligned.

  • Insist on a written statement clarifying the incident and the apologies received. If they refuse, mention in your legal notice that they are suppressing evidence.


5. Complaint to Cyber Cell (Optional)

  • If WhatsApp messages include abuses or threats, file a complaint under the Information Technology Act & IPC 509 (insulting modesty of a person).


Conclusion







Since your name wasn’t directly mentioned, proving defamation in court may be challenging, but you can still take a strong stand with legal notices and pressure the committee for an official clarification.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
2055 Answers
14 Consultations

Yes you can send noticee to individual including admin

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

- 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.

- You have a legal right to live in the society peacefully and respectfully. Law of the land is bound to protect you.

- Hence, if you have defamatory messages in WhatsApp then you can file a civil defamation case, for claiming compensation from the society and the persons involved in this acts.  

- Further, you can also file a defamation case or lodge a complaint against them. 

- Further, you can also issue a legal notice to them as well. 

Mohammed Shahzad
Advocate, Delhi
15799 Answers
242 Consultations

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