The rise of social media has brought with it a surge in instances of online defamation, where individuals face reputational damage due to false and malicious statements published on these platforms (i.e. Facebook, X, Youtube, Instagram, etc.). If you are a victim of such defamation in India, here’s a guide on how you can complain or take legal action:
Understanding Defamation:
Defamation is the act of publishing false statements about a person that harms their reputation. Under Indian law, both civil and criminal remedies are available for defamation.
1. Evidence:
The first step is to collect and preserve evidence of the defamatory content. This includes:
- Screenshots of posts, comments, or messages.
- URLs of the defamatory content.
- Details of the person who posted the content (profile name, username, etc.).
- Details of any witnesses who saw the content.
- Any other relevant information that can prove the harm caused to your reputation.
2. Send a Legal Notice (Optional):
While not mandatory, sending a legal notice through a lawyer is a good first step. It serves as a formal communication to the perpetrator, demanding the removal of the defamatory content and an apology. If they comply, it can resolve the issue without further legal action.
Before sending a notice, report to the social media platform about the contents or media that are being circulated publically.
3. Filing a Criminal Complaint:
If the legal notice is ignored or ineffective, you can file a criminal complaint under Section 499/500 of the Indian Penal Code (IPC). These sections deal with both defamation and punishment for defamation.
Where to File:
- You can file a complaint with the local police station.
- You can also file a complaint directly with the Judicial Magistrate of First Class (JMFC).
Note: First, call the cybercrime helpline number 1930 or report your cyber complaint online through the National Cybercrime Reporting Portal.
Documents Required:
- A copy of the complaint
- Evidence of the defamatory content
- Evidence of the harm caused to your reputation
4. Filing a Civil Suit for Damages:
In addition to or instead of a criminal complaint, you can file a civil suit for damages under the law of torts. This allows you to seek monetary compensation for the harm caused to your reputation.
Where to File:
- A civil suit for defamation can be filed in the appropriate civil court.
Documents Required:
- A copy of the plaint
- Evidence of the defamatory content
- Evidence of the harm caused to your reputation
Additional Notes:
- Jurisdiction: Determine the appropriate jurisdiction to file the complaint. This depends on where the defamatory content was published and where the harm occurred.
- Limitation Period: There is a one-year limitation period for filing a criminal complaint for defamation, starting from the date of publication.
- Legal Representation: It is highly advisable to seek legal counsel from a lawyer specializing in cyber law. They can guide you through the legal process, draft the necessary documents, and represent you in court.
Please Note: The information provided here is a general overview and should not be taken as legal advice. The specific legal procedures and requirements may vary depending on your circumstances. You may consult with a lawyer to understand the legal options available based on your case.
Still, have questions? 
Ask by replying to us. 
We will help you.