What Legal Steps to Take If Someone Is Defaming You Online?

Introduction

With the rise of social media and digital platforms, online defamation has become a serious legal issue. False and damaging statements spread online can ruin reputations, impact businesses, and lead to emotional distress. If you or your business is a victim of cyber defamation, you have legal remedies under Indian law to seek justice.

At B S Makar Advocates and Solicitors, we specialize in handling cyber defamation cases, ensuring that defamatory content is removed and appropriate legal action is taken against the offenders. This guide outlines what legal steps you should take if someone is defaming you online.

What is Online Defamation?

Definition of Defamation

Defamation refers to any false statement published with the intent to harm a person’s reputation. It can be classified into:

1. Libel (Written Defamation) – False statements made in blogs, news articles, social media posts, or online forums.
2. Slander (Spoken Defamation) – Defamatory statements made in videos, podcasts, or live streams.

Examples of Online Defamation

• Fake negative reviews intended to harm a business.
• False accusations on social media (Facebook, Twitter, Instagram, LinkedIn).
• Defamatory videos or memes targeting an individual or company.
• False news articles or blog posts spreading misinformation.
• Impersonation on social media to spread harmful statements.

Legal Provisions for Online Defamation in India

1. Bharatiya Nyaya Sanhita (BNS), 2023

• Section 354: Defines defamation as making or publishing a false statement that harms another’s reputation.
• Section 356: Punishment for defamation includes imprisonment of up to 2 years, a fine, or both.
• Section 358 & 359: Covers criminal intimidation if the false statements include threats.

2. Information Technology (IT) Act, 2000

• Section 66A (Previously used but struck down): This was earlier used for punishing online defamation, but it was invalidated by the Supreme Court.
• Section 67: Covers online publication of obscene content that defames individuals.
• Section 79: Allows victims to request online platforms (Facebook, Twitter, YouTube) to remove defamatory content.

3. Civil Defamation under Law of Torts

• Victims can file a civil suit for damages if defamatory content causes financial or reputational harm.
• Courts may grant injunctions to remove content and prevent further damage.

Relevant Law Links:

• Bharatiya Nyaya Sanhita, Section 354-356
• IT Act, 2000

Legal Steps to Take If You Are a Victim of Online Defamation

Step 1: Gather Evidence of Defamation

Before taking legal action, you need to document the defamatory content: ✅ Take screenshots of the defamatory posts, comments, or messages. ✅ Copy the URL and save the link where the content is published. ✅ Record the date, time, and platform where the defamation occurred. ✅ If available, note the IP address or contact details of the offender.

Step 2: File a Complaint with the Online Platform

Most social media platforms have reporting mechanisms for defamation:

• Facebook & Instagram: https://www.facebook.com/help/
• Twitter: https://help.twitter.com/en/safety-and-security/report-abusive-behavior
• Google (for Blogs & Reviews): https://support.google.com/legal/answer/3110420?hl=en

✅ Request content removal by explaining why it violates their guidelines. ✅ If the platform refuses to take action, move to legal remedies.

Step 3: Send a Legal Notice to the Defamer

If the defamation continues, a legal notice can be sent to the individual or company responsible.

• A defamation notice should include: ✅ Details of the defamatory statement. ✅ Demand for removal of content. ✅ Warning of legal action if they fail to comply.

Step 4: File a Police Complaint or Cyber Crime FIR

If the defamation is serious, file a criminal complaint at your nearest police station or cyber crime cell:

• National Cyber Crime Reporting Portal: https://cybercrime.gov.in
• Cyber Police Helpline Number: 1930 (India)

✅ Provide evidence of defamatory content. ✅ Mention applicable sections of BNS & IT Act. ✅ Seek police intervention for investigation.

Step 5: File a Defamation Case in Court

If criminal proceedings do not yield results, you can file a civil defamation lawsuit:

• File under Section 354-356 BNS for criminal defamation.
• File under Tort Law for civil defamation and financial damages.
• Seek a permanent injunction to stop further defamatory statements.

Where to file a case? ✅ Civil Court for compensation & content removal. ✅ High Court if reputation loss is severe. ✅ Supreme Court (if fundamental rights like privacy are violated).

Case Study: How We Helped a Client Win an Online Defamation Case

A well-known business owner approached us after a competitor spread false allegations about his company on LinkedIn and Google Reviews. Our legal approach: ✅ Sent a legal notice, leading to partial removal of defamatory content. ✅ Filed a complaint with Google, getting fake reviews deleted. ✅ Lodged a criminal case against the competitor, resulting in an out-of-court settlement and compensation for damages.

Conclusion: Take Immediate Legal Action Against Online Defamation

If someone is defaming you online, don’t ignore it! Immediate legal action can help prevent further damage to your personal or business reputation. Whether it’s social media defamation, fake reviews, or false accusations, Indian law provides strong legal remedies to fight back.

📞 Need legal assistance? Contact B S Makar Advocates and Solicitors today at www.makarlaws.com for expert guidance.