Defamation and Social Media: Protecting Your Reputation Online

16 Jul 2024

What is Defamation?

In a world driven by social media and with new advances in technology everyday, it has become imperative for us to understand the advantages as well as various possible threats that exist. Defamation is one such threat that looms over an individual’s identity with the aim to harm the reputation of the person.

According to the Section 499 and Section 500 of the Indian Penal Code, defamation is considered as a criminal offence. It is punishable by fines and even imprisonment. It should be noted that defamation can be both libel i.e. written or slander i.e through spoken words. Similarly, under the new criminal law, and in particular, through Bharatiya Nyaya Sanhita (BNS) defamation is dealt with under Section 356. It's important to understand that in a world where people operate behind screens and it is possible to appear anonymous, the possibility of defamation is huge.

Why is It Important to Protect Your Reputation Online?

The 21^st century is one where the nature and pattern of communication has changed completely. It is possible to share content with a wide audience, spread information quickly and reach a mass population. But as it is said, there are two sides of a coin. It is possible to disseminate misinformation about someone with the intent to cause serious harm to their reputation, through libel content on online platforms. Many do not hesitate to post and share content which can cause serious harm to someone. This might be done intentionally by someone but in an age where people mindlessly scroll and share, rumours do not take a very long time to spread over.

Online spaces have become safe havens for defamatory claims. In such a situation, it is essential to know and understand the ways to protect your reputation online. Although India’s legal system provides various avenues for those who have been defamed to seek remedy, the extent and immediacy of digital communication make it difficult to enforce laws and hold people accountable for such acts. To reduce the dangers of online defamation, it is crucial to comprehend the intricacies of defamation law and take preventative action to protect one's online reputation.

Difference between Libel Defamation and Slander Defamation

Defamation is broadly categorised into two types- Libel Defamation and Slander Defamation.

Libel Defamation:

Libel refers to written defamation. When defamation occurs through written words in order to cause harm to an individual’s identity, it is called Libel Defamation.
This occurs when any false statement is made in a written form through the means of a publication.
This can be in print form, in writing or even through digital means. For libel representation, it is important to have a physical or a digital representation of the false statements.
Books, Newspapers, Magazines, Social media platforms, blogs etc., are common ways through which it can occur.

Slander Defamation:

Slander refers to oral defamation. When defamation occurs through oral words in order to cause harm to an individual’s identity, it is called Slander Defamation.
This occurs when any false statement is made in oral form, usually at a public platform.
Slander defamation is usually harder to prove than libel defamation since the oral or spoken words are not considered to be a lasting record.
It must also be acknowledged that sometimes, it can become extremely difficult to categorise defamation into a particular type. For instance, while podcasts are oral, they get published on digital platforms.

Legal Framework in India on Defamation

Section 499 and Section 500 of the Indian Penal Code (IPC) dealt with defamation. Section 499 of IPC deals with the offence of defamation while section 500 of IPC deals with the punishment for such defamation.

Defamation is dealt under Chapter XIX of the Bharatiya Nyaya Sanhita (BNS) under Section 356. To be precise, Section 356 (1) reads “Whoever, by words either spoken or intended to be read, or by signs or by Defamation. visible representations, makes or publishes in any manner, 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 excepted, to defame that person.”

There are four explanations to this section:

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.

Furthermore, an exhaustive list of what does not count as defamation and hence, is an exception is also provided. This is as follows:

Exception 1.—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.

Exception 2.—It is not defamation to express in good faith any opinion whatsoever 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.

Exception 3.—It is not defamation to express in good faith any opinion whatsoever 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.

Exception 4.––It is not defamation to publish a substantially true report of the proceedings of a Court, or of the result of any such proceedings.

Exception 5.—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, 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.

Exception 6.—It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgement of the public, or respecting the character of the author so far as his character appears in such performance, and no further.

Exception 7.—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.

Exception 8.—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.

Exception 9.— 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.

Exception 10.— 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.

In order to understand these exceptions better, it would be helpful to read the illustrations provided under the BNS Section 356 (1).

Section 356 (2) mentions the punishment for defamation which can be a term that may extend to two years, or fine, or both, or community service while clause (3) of the same section mentions the punishment in case of any print or engraved material which may be a term that may extend to two years, or fine, or both.

Section 356 (4) also mentions that if one sells or offers for sale any such printed or engraved substance that contains any defamatory matter, while being aware that it contains such matter, they shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Landmark Cases

In a 2016 judgement made by the Hon'ble Supreme Court in the case of Subramanian Swamy Vs. Union of India, it was stated that one's reputation should not alter the other's freedom of speech and expression. Various petitioners challenged the constitutionality of the offence of criminal defamation on the basis of its inhibition to their right to freedom of expression. While the court upheld the right to freedom of speech and expression, it also stated that it is subject to reasonable restrictions. The court noted that reputation is protected under Article 21 of the Indian Constitution and emphasised that the law on criminal defamation is not in conflict with freedom of speech and expression in the case concerned.

In Chaman Lal Vs. The State of Punjab, of 1970, the Hon'ble Supreme Court laid out when and how an exception of a statement made in good faith can be applied, as it fell under Section 499 of the IPC. It said, that “the interest of the person must be real and legitimate when communication is made in protection of the interest of the person making it. If that be so, then good faith is automatically drawn in and good faith obviously does not require logical infallibility.”

Precautions against Defamation to be taken on Social Media

Ensure Privacy Settings - As a user, you can adjust your privacy settings and control who sees and interacts with your profile online. New features, like limited access to certain comments using offensive words, can be used.
Do a Fact-Check - Before you post anything on a public platform or otherwise, take a moment and think of its authenticity. A fact-check would help restricting misinformation as well as prevent any possible defamation.
Education and Awareness - Be aware of the laws in regard to defamation and educate yourself as well as others on its serious consequences. Knowing the legal system can help you prevent defamation as well as act better.
Report Abusive Content Online - Most of the social media platforms provide an option to report any abusive or offensive content that is posted. By acting responsibly, take a minute and report any abusive content.
Use Legal Advice - In case of an unfortunate occurrence where you find anything derogatory or defamatory about yourself online, do not hesitate to take the recourse of law and seek legal opinion.
Think before you speak and write - While this may seem as a general advice, it's most important to follow. To think before you speak and write about others can help you from potentially defaming someone and to act better.
Monitor Your Social Media Presence - One should monitor their accounts as well as presence on social media on regular intervals. Address any issue that seems suspicious and use safety protocols available on each social media app.

Conclusion

There is no denying that when a defamatory statement is made, whether in written or spoken, through online platforms or otherwise, it can have a significant impact on an individual. The accessibility and anonymity provided by social media makes one more vulnerable, without providing any real accountability of the persons who make such defamatory claims. To know the legal recourse in such a scenario, is thus, paramount. Through IPC section 499 and section 500, the law provides a framework to deal with such situations. However, it must also be said that to be vigilant, aware and be informed is of paramount importance. One should know the privacy measures, in case of social media applications, but when this is not enough, legal recourse can help significantly.

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