Your rights
Can I take legal action for online defamation?
Short answer
Yes. Online defamation is punishable under BNS Section 356 (criminal) and you can also file a civil suit for damages.
Understanding the issue
Defamation on social media, websites, or any online platform is actionable both as a criminal offence and a civil wrong. Under BNS Section 356, criminal defamation is punishable with up to 2 years imprisonment or fine or both. You can also file a civil suit for damages (monetary compensation) for injury to your reputation. Social media platforms are required to remove defamatory content when ordered by a court or when reported through their grievance mechanism under IT Act Section 79 and the Intermediary Guidelines Rules 2021. To strengthen your case: (1) Take screenshots with timestamps, (2) Get the URLs of defamatory posts, (3) File a complaint with the platform's Grievance Officer, (4) File FIR at cybercrime police station or cybercrime.gov.in.
Laws that apply
- BNS Section 356 (Defamation)
- IT Act — Section 79 (Intermediary liability)
- Civil Defamation (Tort Law)