Cyber defamation
What is Cyber Defamation?
INTRODUCTION-
India has now become a digital world, on the hand where digital working has helped the privet to digitalize their works but on the other hand it gave a new face to crime and that device distant ways to commit crime in the world wide. Cyber crime is one of the most grave weapon to attempt the crime on internet. It hampers the private identity as well as best part them on the internet and that takes place as the form of libel .
libel means giving an “injury to the reputation of a person” resulting from a statement which is false. If anyone damages someone’s position by the way of ‘Slander’ or ‘Libel’ one can sue for defamation. The term ‘Slander’ means “the crime of baleful someone’s position by false spoken revelation ”, while ‘Libel’ is an “false produce or written revelation by baleful someone’s position ”.
The term libel is used in the part 499 of Indian Penal Code, 1860. Cyber defamation is also known as internet libel or online defamation in the world of internet and its users. Cyber libel is a new concept but it all but defames a person through new medium. The medium of baleful the revelation naming is along the help of computers via internet. If any original posts or publishes some false revelation about the other original as long as internet or emails the revelation having the defaming revelation with the intention to defame the other about whom the statement has been made would quota to cyber libel . The libel made to the original through internet is widespread and its unique as the details are in public, to which everyone can access.
STATUTORY PROVISIONS ON CYBER DEFAMATION-
INDIAN PENAL CODE, 1860 deals with the supply of cyber defamation-
Section 499 of IPC-
It says that whoever, by words either spoken or intended to be read, or by signs or by visible rendition , makes or publishes any imputation concerning any public intending to harm, or knowing or having reason to believe that such imputation will be harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person. The anger of libel is criminal below part 500 of IPC with a easy prison up to 2 years or fine or both.
The law of libel below Section 499 got extended to “Speech” and “certificated ” in automatic form with the enactment of the details robotic Act, 2000.
Section 469 of IPC-
It says that whoever commits forgery, intending that thec certificated or motorized record forged shall harm the reputation of any party, or knowing that it is likely to be used for that purpose shall be punished with prison of either description for a term and that may extend to three years and shall also be liable to fine. The phrase “intending that the certificated forged” below Section 469 was restore by the phrase “intending that the document or electronic report forged” vide the details and automatic Act, 2000.
Section 503 of IPC-
It defines the offense of criminal intimidation by use of use of emails and other electronic means of covey for threatening or menace any propel or his property or reputation.
Types of Defamation
libel can be cleave into two group that are –
Libel – A revelation that is libel and is produce in a written form.
Slander – A libel revelation spoken that means a verbal form of libel .
Thus, the original division between both the types is the medium in and that they are convey that is, one is convey in a written form while the another in oral form.
Cyber Defamation
The widely used social media brought a revolt not just in the Indian sphere but also all across the world. The remarkable growth of the Internet has as long as public with a stage to express their belief , thoughts, and feelings through various forms of publishing Nonetheless, the ease of accessibility and publishing in this networked world has created several risks as these digital stage are prone to be abused by unscrupulous Internet users in the name of liberty of speech and wording . Thus this has led to numerous cases of “Cyber libel ”.
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