THE ISSUE OF ONLINE DEFAMATION

The internet has provided a medium to interact with the people

worldwide. It has brought the world closer to every man who has access
to it. It has proved to be repository of the enormous information which a
common 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 its possible via the medium of
internet. The widespread use of internet has also given a new face to the
crime and a new medium to the bad elements to commit crime.
Cyberspace is a technical term used for the electronic medium of
computer networks, in which online communication takes place. It
comes alive only when two or more computers are networked together.
The term has a very wide meaning and is not only restricted to the
internet but also includes computers, computer networks, the internet,
data, software etc. The crimes that are committed by using the computer
as an instrument, or a target or a mean for perpetuating further crimes
falls within the definition of cyber crime. Cyber law is the law that
governs the crimes committed within the cyberspace. Cyber Defamation
is also a cyber crime.
The use of social media has revolutionized the way information is
accessed and people communicate with each other. The ease of sharing
information has provided the users with the freedom to interact without
any barriers. However, this freedom is sometimes misused by commonly
called 'trolls' who post unnecessary, false statements about someone,
harming their reputation and defaming them.
The low cost of using the internet has given the opportunity to people to
defame a person on different interactive platforms. People do not have to
reveal their identity to send a message or post a comment on forums,
social media websites or bulletin boards. This, mixed with the ability to
post a statement from anywhere, has resulted in increased cases of
online or cyber defamation in India.
What is Defamation?
Defamation is wrongfully and intentionally publishing words about a
person which may tarnish that person's status, good name, or reputation.
Defamation is categorized into libel- written form of defamation and
slander- an oral form of defamation. A person's reputation is affected
only if the defamatory statement is made to someone other than that
person. This means defamatory statement must be disclosed to a third
person, amounting to the publication of that statement.
When a person is defamed in the cyberspace, it is known as cyber or
online defamation. In cyber defamation, internet or other electronic
device is used as a method to defame the other person or lowering the
reputation of a person on a public platform. Online or cyber defamation
in India can be divided into defamation by:
Primary writer- A person who has written the defamatory statement
and published it on a website
Service provider- The ISP or bulletin board service providers that
authorized publication of such statement

Laws dealing with cyber defamation in India

Chapter XXI of the Indian Penal Code deals with defamation in
India. Section 499 of the IPC states that a person who uses some words
spoken or intended to be read, by signs or visible representation to make
or publish any imputation about a person in order to harm their
reputation is guilty of defamation in India.
Section 500 of the IPC states that a person who is liable under Section
499 would be punished with simple imprisonment for up to 2 years, with
fine or both. Within the meaning of publication, posting any defamatory
statement on a social media network, website, forum or bulletin board is
also considered as defamation in India.
Section 66A of the Information Technology Act, 2000 was quashed by
the Supreme Court in India. The section stated that sending any
‘offensive’ message to a computer, mobile or tablet is a crime, however,
the meaning of the word ‘offensive’ remained unclear. The Government
started using the provision to suppress people’s freedom of speech and
expression.
How to file a complaint against cyber defamation?
A person can file a complaint in any Cybercrime Investigation Cell
against online defamation. CCI cells deal with crimes relating to
electronic devices, computers, computer networks, computer resources
and the Internet.
A criminal case can also be filed in the appropriate court against
defamation under Section 499-502 of the IPC.
The first case of cyber defamation in India was SMC Pneumatics
(India) Pvt. Ltd. v. Jogesh Kwatra. In this case, the company was
defamed by an employee, who was sending derogatory, defamatory,
obscene and abusive emails to the employers and subsidiaries of the
company. The Delhi High Court held that the employee was liable for
defamation under Section 499 of the IPC.
The Internet Service Providers (ISP) or website host’s liability in case of
cyber defamation can be reduced by taking appropriate steps like putting
up warning notice for users against posting any defamatory content,
constant monitoring of the website, having a user agreement in place,
and so on.
The internet is a vast nexus bringing people together and providing them
with an opportunity to create, share and receive data online. However,
when this platform is used to defame or harm the reputation of a person,
stringent actions must be taken. A person can hire a cybercrime lawyer
in their city to file a complaint against online defamation in India.

SYNOPSIS
 Introduction
 International law and jurisdiction in cyberspace
 Meaning of Jurisdiction
 Issues of Jurisdiction
 Cyber jurisdiction in India
 Relevant Legislations
 International Law
 Types of International Law
 Extra-territorial Jurisdiction
 Jurisdiction in Cyberspace
 Convention on Cyber crime
 Conclusion
INTRODUCTION
The authority of a court to hear a case and resolve a dispute involving
person, property and subject matter is referred as the jurisdiction of that
court. It is the legislative function of the Government to enact laws and
judicial and/or administrative function to enforce those laws. Thus, the
principles of jurisdiction followed by a State must not exceed the limits
which international law places upon its jurisdiction. Cyberspace is a
''borderless'' world—a world of its own. It refuses to accord to the
geopolitical boundaries the respect that private international law has
always accorded to them and on which it is based.
B. INTERNATIONAL LAW AND JURISDICTION IN
CYBERSPACE
Jurisdiction is an aspect of state sovereignty and it refers to judicial,
legislative and administrative competence. Although jurisdiction is an
aspect of sovereignty, it is not coextensive with it. International law
circumscribes a state’s right to exercise jurisdiction. The internet today is
making a complete mockery of the law….not just the traditional laws
but even the so-called modern laws. The very basis of any justice
delivery system, the jurisdiction, which gives powers to a particular
court to accommodate a particular case, is itself being threatened over
the internet; leave alone the other traditional laws.
Meaning of Jurisdiction
Jurisdiction is the authority of a court to hear a case and resolve a
dispute involving person, property and subject matter. These principles
of jurisdiction are enshrined in the constitution of a State and part of its
jurisdictional sovereignty. All sovereign independent States possess
jurisdiction over all persons and things within its territorial limits and all
causes, civil and criminal, arising within these limits.
Issues of Jurisdiction
The issue of jurisdiction has to be looked into from 2 perspectives:
i. Prescriptive Jurisdiction
It describes a State’s ability to define its own laws in respect of any
matters it chooses. As a general rule, a State’s prescriptive
jurisdiction is unlimited and a State may legislate for any matter
irrespective of where it occurs or the nationality of the persons
involved.
ii. Enforcement Jurisdiction
A State’s ability to enforce those laws is necessarily dependent on
the existence of prescriptive jurisdiction. However, the sovereign
equality of States means that one State may not exercise its
enforcement jurisdiction in a concrete sense over persons or events
actually situated in another state’s territory irrespective of the
reach of its prescriptive jurisdiction. That is, a State’s enforcement
jurisdiction within its own territory is presumptively absolute over
all matters and persons situated therein.
CYBER JURISDICTION IN INDIA
Jurisdiction under the Information Technology Act, 2000
Section 75 of the Act implies that the Act shall apply to an offence
or contravention committed outside India by any person if the act
or conduct constituting the offence involves a computer, computer
system or computer network located in India.
Indian Penal Code, 1860: – Section 3 and 4 of the Act deals with
the extra-jurisdictional power given to the Indian Courts.
Code of Criminal Procedure, 1973: -Section 188provides that even
if a citizen of India outside the country commits the offence, the
same is subject to the jurisdiction of courts in India. In India,
jurisdiction in cyberspace is similar to jurisdiction as that relating
to traditional crimes and the concept of subjective territoriality will
prevail. Moreover Section 178 deals with the crime or part of it
committed in India and Section 179 deals with the consequences
of crime in Indian Territory
International Law
International law governs relations between independent sovereign
States. It is the body of rules, which are legally binding on States
in their intercourse with each other. The rules are not meant only
for the States but also for the international organizations and
individuals. Furthermore, it attempts to regular the extent to which
 one State’s enforcement jurisdiction impinges or conflicts with
others.
Types of International Law
International law can be studied under following 2 broad headings:
Public International law
International law is also referred to as ‘public international law’ as
it governs the relations of states.
Private International law
Private international law is that body of law, which comes into
operation whenever a municipal court is faced with a claim that
contains a foreign element. The resolution of such private disputes
is resolved through the law of `conflict of laws’ – it is that part of
the private law of a country, which deals with cases having a
foreign element. It is a necessary part of the law of every country
because different countries have different legal systems containing
different rules.
Extra-territorial Jurisdiction
a. Meaning of Extra-territorial Jurisdiction
The public international law reflects the juxtaposition of States (as
a legal person) and subjects their jurisdictional sovereignties to
certain limitations, i.e. there is a ‘general prohibition in
international law against the extra-territorial application of
domestic laws’.
b. Sources of Extra-territorial Jurisdiction
It has been recognized under international law that a State may
assert extra-territorial jurisdiction under certain circumstances.
Following are the sources of these extra-territorial jurisdictions
Territorial Principle
A State’s territory for jurisdictional purposes extends to its land
and dependent territories, airspace, aircraft, ships, territorial sea
and, for limited purposes, to its contiguous zone, continental shelf
and Exclusive Economic Zone (EEZ). The principle as adopted by
the national courts has been that all people within a State’s territory
are subject to national law, save only for those granted immunity
under international law.
Nationality Principle
It is for each State to determine under its own law who are its
nationals. Any question as to whether a person possesses the
nationality of a particular State shall be determined in accordance
with the law of that State. In Nottebohm Case (Liechtenstein v.
Guatemala),it was held that ‘the nationality serves above all to
determine that the person, upon whom it is conferred, enjoys the
rights and is bound by the obligations, which the law of the State in
question grants to or imposes upon its nationals’. Under the garb of
nationality principle, a State may exercise jurisdiction over its own
nationals irrespective of the place where the relevant acts occurred.
A State may even assume extra-territorial jurisdiction
Protective Principle
A State relies upon this principle when its national security or a
matter of public interest is in issue. A state has a right to protect
itself from acts of international conspiracies and terrorism, during
trafficking, etc.
Passive Personality Principle
It extends the nationality principle to apply to any crime committed
against a national of a State, wherever that national may be. It in a
way provides that the citizen of one country, when he visits another
country, takes with him for his “protection” the law of his own
country and subjects those, with whom he comes into contact, to
the operation of that law
Effects Principle
It is an extra-territorial application of national laws where an
action by a person with no territorial or national connection with a
State, has an effect on that State. The situation is compounded if
the act is legal in the place where it was performed.
Universality Principle
The canvass of the universality principle is quite vast. A State has
jurisdiction to define and prescribe punishment for certain offences
recognized by the community of nations as of universal concern. It
includes acts of terrorism, hijacking of aircraft, genocide, war
crimes etc.
Jurisdiction in Cyberspace
In simple terms, cyber jurisdiction is the extension of principles of
international jurisdiction into the cyberspace. Cyberspace has no
physical (national) boundaries. It is an ever-growing exponential
and dynamic space. With a ‘click of a mouse’ one may access any
website from anywhere in the world. Since the websites come with
‘terms of service’ agreements, privacy policies and disclaimers –
subject to their own domestic laws, transactions with any of the
websites would bind the user to such agreements. And in case of a
dispute, one may have recourse to the ‘private international law. In
case the “cyberspace offences” are either committed against the
integrity, availability and confidentiality of computer systems and
telecommunication networks or they consist of the use of services
of such networks to commit traditional offences, then one may find
oneself in the legal quagmire. The question is not only about
multiple jurisdictions but also of problems of procedural law
connected with information technology. The requirement is to have
broad based convention dealing with criminal substantive law
matters, criminal procedural questions as well as with international
criminal law procedures and agreements.
Convention on Cyber crime
The Convention on Cyber crime was opened at Budapest on 23rd
November, 2001 for signatures. It was the first ever-international
treaty on criminal offences committed against or with the help of
computer networks such as the Internet. The Convention deals in
particular with offences related to infringement of copyright,
computer-related fraud, child pornography and offences connected
with network security. It also covers a series of procedural powers
such as searches of an interception of material on computer
networks. Its main aim is to pursue “a common criminal policy
aimed at the protection of society against cyber crime, inter alia by
adopting appropriate legislation and fostering international co-
operation.”