Cyber-defamation takes place when someone posts false and damaging content online so as to intentionally damage a person’s reputation (e.g., on WhatsApp, Facebook, Instagram, and YouTube).
Fake information often goes viral – a wilfully blind spiral of unthought-out and manipulated information which brings real-life harms, including riots, panic, and damages against a person or business.
Laws Applicable:
- Bharatiya Nyaya Sanhita (BNS), 2023 (replacing IPC)
- Information Technology Act, 2000
- IT (Intermediary Guidelines) Rules, 2021
- The Indian Penal Code (for cases prior to BNS)
✅ Offences Under BNS 2023 & IT Act
- Section 354 (BNS): Intentionally insulting the modesty of a woman via electronic media.
- Section 356 (BNS): Defamation participated in using electronic or conventional media.
- Section 66A (IT Act) – struck down, but it will still apply.
- Section 67 (IT Act): Publishing obscene material online.
- Section 79 (IT Act): Platform liability violates the Intermediary Guidelines if the complaint is not dealt with.
👨💻 Relatable FAQs – Cyber-defamation & Fake News
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1. Somebody posted falsehoods about me on Facebook; is this cyber-defamation?
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Yes. Depending upon whether it has at all injured your image, you could make a complaint.
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2. YouTube is full of defamatory videos against my business; what can I do?
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Lodge a criminal complaint and alert YouTube about the video link.
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3. Are there laws against spreading fake news in India?
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Yes, under BNS and IT Rules, which can lead to heavy fines and imprisonment.
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4. How can I report fake news on WhatsApp?
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Long click on the message and 'Report' on WhatsApp and take screenshots to file a complaint.
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5. A meme with my photo and false allegations about me is circulating; what can I do?
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Lodge a police complaint for defamation and breach of the IT Act.
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6. Can I sue someone for defaming me on Instagram?
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Yes. You can file for both civil (damages) or criminal (punishment) cases.
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7. What evidence is needed for proving cyber defamation?
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Screenshots, links, chatting records from other chat platforms, and witness statements.
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8. Who investigates the cases of fake news?
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Cybercrime cell or local police in collaboration with the cyber unit.
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9. Can one go to jail for cyber-defamation?
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Yes. A person will get imprisoned for 2 years or more, based on the harm caused.
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10. Can I file a case anonymously?
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No, but your request for identity protection will be considered.
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11. What if I shared the post by mistake, will I be punished?
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If proven to be accidental, you may be warned. Whoever is guilty of repetition may face punishment.
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12. Can minors be punished under cyber defamation?
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Yes, but if under 18, then under juvenile justice law.
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13. How long does it take for police action in such cases?
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Varies, but it may be expedited by lodging a written complaint at cybercrime.gov.in.
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14. Someone created a fake profile by using my name – what to do?
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Report it to the platform directly and file a police complaint for identity theft and defamation.
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15. Can I get it removed immediately?
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An injunction obtained from the court or a takedown request shall facilitate immediate removal.
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16. What if the person resides in another city/state?
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You file an FIR locally, which can then be transferred or considered jointly.
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17. Is a WhatsApp group admin liable for fake news?
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Yes, if he/she disregards malafide content and does not report/remove it.
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18. What is the penalty for spreading fake news?
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Depends upon the nature and extent of harm, anything from 3 years imprisonment and/or a fine.
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19. Is there compensation for defamation?
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Yes, by instituting a civil suit for damages.
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20. Is deleting the post enough to safeguard from any legal consequences?
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Deletion might reduce damages but not altogether protect from legal proceedings.
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