With the advent of social media and instant messaging, and with the use of discussion boards, protecting one’s reputation is an uphill task. One post or a comment can go viral in a matter of seconds reaching thousands and even millions, making it easy to comprehend the impact of digital defamation. Also, considering the aspects of India as a country, where the internet as a medium of communication is very popular, it has become imperative as well as a legal requirement to protect one’s reputation from any type of disparaging statements on the internet.
Defamation in the Digital Age: About
Defamation is an attack on a person’s good name through false statements. It can be spoken in oral form or written in print. Slander and libel are the two most common types of defamation. Some forms of it that exist today, more especially the social media, and the internet at large were not common until recently. For instance, this type of statement may take the form of a Facebook or twitter update, a blog, a comment, an email, or even a meme which may tend to discredit someone.
In India, the law of defamation is present in Civil as well as Criminal Codes.
- Civil Defamation: A law-abiding citizen can slip under the tort law’s cover and file for damages wherever there is a defamation injury caused to them.
- Criminal Defamation: This type of defamation is covered in BNS under Sections 356 (1), 356 (2) which allows the perpetrator to be sentenced to a maximum of two years of rigorous imprisonment or a monetary punishment less than the first one.
The digital arena brings with it the applicability of other laws including the Information Technology Act under which any electronic content falls as well. Any accuser and the accused who have posted any defamatory statements on the social networking sites such as Twitter, Facebook or Instagram, which are the intermediary, have certain responsibilities under the IT Act.
Protecting Reputation from Defamation in the Digital Age
Be Proactive with Your Digital Presence:
- Keep Track of Your Online Reputation: Every once in a while, try to Google your name, company, or brand. Employ services like Google Alerts in the event you want to be updated on news about your name.
- Engage Positively: Engage in online and offline activities that are positive and do not tarnish one’s image or brand instead of aggressive brand campaigns.
- Set Up Enhanced Privacy: Protection of your confidential details from websites through social marketing with strong privacy basic setting adjustments.
Understanding the Law:
- Understand the provisions in BNS Sections 356 (1) and 356 (2) and the applicable clauses of the IT Act.
- Know your rights concerning intermediary liability as provided in the Information Technology Rules, 2021, which require platforms to take down defamatory content upon provision of legitimate complaints.
Address Defamatory Content Quickly:
- Documentation Evidence: Diversion and trouble-making should be captured in pictures with the relevant URLs and timestamps documented. This is very important especially for any formal complaints or legal actions taken against the culprit or their platform.
- Reach Out to the Said Platform: Raise an objection on the relevant platform and ask them to take the hurtful material down but other sites have an obligation to resolve it as per the Indian laws promptly.
- Draft a Cease and Desist: If the person is known, there may be grounds for the submission of a cease-and-desist letter seeking the retraction of the statement and an apology.
Pursue Legal Remedies:
- Filing a Police Complaint: If you have been a victim of slander or libel, visit the nearest station of the police or the cybercrime branch and lodge a formal complaint.
- Civil Lawsuit: A civil case can be brought to court for the purpose of obtaining money for damage caused to one’s reputation.
- Injunction Orders: Approach the court and arbitrator for the issuing of an injunction to restrain breaching or publishing any detrimental information.
Engage with Reputation Management Services:
External service providers can assist in upkeep, repair and augmentation of one’s digital reputation. They do so through practices such as Search Engine Optimization (SEO) which seeks to bury undesirable narratives and raise up more favorable ones.
Tips for Avoiding Defamation Claims Yourself
Safeguarding one’s good name likewise means acting in such a manner that one invites no chances of being accused of defamation:
- Do Not Spread False Information: Check the facts before communicating or posting anything online.
- Use Appropriate Language: Do not speak ill of anyone publicly or even in casual conversation.
- Ask for Permission: Do not upload or post pictures, videos, or speech of another person’s likeness without their permission.
Reputation management in this digital age is a timely process that goes hand in hand with legal know-how and taking the necessary steps. This is especially true since the law prescribes means of fighting defamation but people also need to employ measures such as care in managing their online reputation and attending to problems fast. Infamous and defamatory content can be minimized and or eliminated by the application of technology, using legal systems and networks, as well as professional assistance.
The fast-changing landscape of the digital platforms promises that there will be more challenges but it is important to be in the know and to be ready since this connected world is very defensive.
One can talk to a lawyer from Lead India Law for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.
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