Amit Kashyap


The growth and development of the technology have brought in enormous changes in day to day life. The Internet has made communication and access to information easy through e-mails, chat groups, various social networking sites etc. wherein individuals can publish and disperse information. This easy access to such a media at times causes misuse by users for publishing defamatory statements in the cyberspace. The term defamation basically means the publication of a false statement that deprecates the reputation of a person. The depreciation to an individual can be through libel or slander. Slander is basically the spoken statements whereas libel is a published statement in some permanent form. "Cyber defamation is considered to be the act of defaming, insulting, offending or otherwise causing harm through false statements pertaining to an individual in cyberspace.” The tort of defamation is committed through the publication of untrue defamatory statements by an individual via the internet. But yet the issue is that Internet Defamation is covered under Information Technology Act 2000 & even not in 2008 Amendment & thus is left to traditional judicial system. This paper will briefly review the efficacy of the statutory provisions governing the offence of cyber defamation in India, the liabilities wherein the primary publishers as well as the internet service providers can be held responsible, and the remedies and damages,
along with the judicial pronouncements.


Cyber Defamation, Information Technology Act Tort, Information Technology Act

Full Text:



Jyoti M. Pathania, ‘Law and Technology – The Need to keep Pace’, Amity Law Review, Vol 3 Part 2, Vol.4 Part 1, Amity University Press, 20022003, pp. 102-106.

Gavin Sutter, ‘Don’t Shoot the Messenger? The UK and Online Intermediary Liability’, (2003) 17 (1) International Review of Law, Computers & Technology. [3] Apar Gupta, Commentary on Information Technology Act, 2000, 1st Ed., Wadhwa & Co., New Delhi, 2007, pp.197-201. [4] Nandan Kamath, Law relating to Computers Internet & E- commerce, 3rd Ed., Universal Law Publishing Co. Pvt. Ltd., New Delhi, 2000. [5] Vakul Sharma ., Information Technology., Law & Practice., 2nd Ed., Universal Law Publishers. [6] Raghavan Vikram, Communications Law in India (Legal Aspects of Telecom, Broadcasting, and Cable Services)., LexisNexis Butterworths. [7] Mark Lunney & Ken Oliphant, Tort Law. Text and Materials 581 (Oxford University Press 2000). [8] Vivienne Harpwood, Principles of Tort Law, 4th Ed., Cavendish Publishing Limited. Sydney, 2000. p. 582-584 [9] United Nations Conference on Trade and Development, E-Commerce and Development Report, 2002: Executive Summary (2002) 1. [10] POLICY REPORT: The Hindu Centre for Politics & Public Policy, Web Freedom and Criminal Libel in India: A Policy Dialectic, Retrieved from: /01623/Web_Freedom_and_Cr_1623752a.pdf


  • There are currently no refbacks.