This Article is written by Amra (Senior editor at Legalonus and Content head for The Radicals)
INTRODUCTION
With the invention of the Internet, the life of a common has changed a lot. The Internet has provided the medium to interact with people worldwide. It has brought the world closer to every man who has access to it. It has proved to be a repository of enormous information which an ordinary man could not access easily. It has also given new dimensions to business and trade. Social networking, entertainment, shopping, job hunt, recruitment, you name anything, and it’s possible via the medium of the Internet. The widespread use of the Internet has also given a new face to crime and a new medium to the harmful elements to commit a crime. Cyberspace is a technical term used for the electronic medium of computer networks in which online communication occurs. It comes alive only when two or more computers are networked together. The word has a vast meaning and is restricted to the Internet, including computers, computer networks, data, software, etc. The crimes that are committed by using the computer as an instrument, a target, or a means for perpetuating further crimes fall within the definition of cybercrime. Cyber Law is the law that governs the offences committed within cyberspace.
CYBER DEFAMATION
The term defamation is used to define the injury that is caused to the reputation of a person in the eyes of a third person. The injury can be done by words, oral or written, or by signs or visible representations. The intention of the person making the defamatory statement must be to lower the reputation of the person against whom the statement has been made in the eyes of the general public. Cyber Defamation is a new concept, but the traditional definition of the term defamation applies to cyber Defamation as it involves the Defamation of a person through a unique and virtual medium. Cyber Defamation is the publishing of defamatory material against another person with the help of computers or the Internet. If someone publishes some defamatory statement about some other person on a website or sends emails containing defamatory material to other persons to defame the other person about whom the statement has been made would amount to cyber Defamation. The harm caused to a person by publishing a defamatory statement about him on a website is widespread and irreplaceable as the information is available to the entire world. Cyber Defamation affects the welfare of the community as a whole and not merely of the individual victim. It also has its impact on the economy of a country depending upon the information published and the victim against whom the information has been published.
INFORMATION TECHNOLOGY ACT,2000
Section 66A of the Information Act,2000 does not explicitly deal with the offence of cyber Defamation, but it makes punishable the act of sending grossly offensive material for causing insult, injury, or criminal intimidation.
SECTION 66A OF THE INFORMATION ACT,2000
It says that any person who sends, utilizing a computer resource or a communication device:
- Any information that is grossly offensive or has menacing character; or
- Any content information he knows to be false but to cause annoyance, inconvenience,danger,obstruction,insult,injury,criminal intimidation,enmity,hatred or ill will persistently use such a computer resource or a communication device.
- Any electronic mail or electronic mail message to cause annoyance or inconvenience or to the device or to mislead the addressee or recipient about the origin of such messages shall be punishable with imprisonment for a term which may extend to three years and with a fine.
WHERE TO LODGE A COMPLAINT
A person aggrieved of the offence of cyber Defamation can make a complaint to the Cyber Crime Investigation Cell. The Cyber Crime Investigation Cell is a branch of the Criminal Investigation Department (CID). Cyber Crime Investigation Cells have opened up in many cities like Delhi, Mumbai, Chandigarh, Hyderabad, Banglore, Tamil Nadu, Gurgaon, Pune, Madhya-Pradesh, Lucknow, etc. The Cyber Crime investigation Cells deal with offenses related to the computer, computer network, computer resources, computer systems, computer devices, and the Internet. It also has the power to look into other high-tech crimes.
JUDICIAL RESPONSE TO OFFENCE OF CYBER DEFAMATION
In another case, the State of Tamil Nadu v. Suhas Katti posted obscene, defamatory, and annoying messages about a divorcee woman in the yahoo message group. Emails were also forwarded to the victim for information by the accused through a false email account opened by him in the victim’s name. The posting of the message resulted in annoying phone calls to the lady in the belief that she was soliciting. Based on a complaint made by the victim in February 2004, the Police traced the accused to Mumbai and arrested him within the next few days. Relying on the expert witnesses and other evidence produced before it, including the witnesses of the Cyber Café owners, the Additional Chief Metropolitan Magistrate held the accused guilty of offenses under section 469,509IPC, and 67 of IT Act 2000, and the accused is convicted. It is sentenced for the offence to undergo RI for 2 year under 469IPC. To py fine of Rs 500 and for the offense U/S 509 IPC sentenced to undergo 1-year Simple imprisonment and to pay fine of Rs 500/- and for the offense u/s 67 of IT Act 2000 to undergo RI for two years and to pay fine of Rs 4000/-All sentences to run concurrently.The conviction of the accused was achieved successfully within a relatively quick time of 7 months
