Theme: Media & Intellectual Property

Stopping the Abuse

Online abuse is any type of abuse that happens on the internet, whether it’s over chat, posting on message boards and forums, through social networks, playing online games or using mobile phones. 

Online abuse happens on various platforms on the internet such as social media, chat, forums, etc. When faced with online abuse, your first step should be to see what the anti-abuse policy of the platform is, and what steps the platform recommends for you to stop it. We have compiled a list of steps you can take for responding to abuse (blocking and reporting) on Facebook, Facebook Messenger, Twitter, Instagram, SnapChat, Reddit, YouTube, WhatsApp, and text messages on your phone.

If the administrators of the platform are not being responsive or you are unhappy with the results, you can also file a criminal complaint at the local police station or cyber investigation cell. It is not necessary for you to get recourse only after approaching the platform administrators. You can directly approach the police station or cyber cell to file a complaint.  When you go to the police station to file a first information report (FIR), the police have to note down the information you provide. Different provisions in law1 make online abuse and online harassment a crime. The victims of such crimes can be male or female.

  1. The Indian Penal Code, 1860; Information Technology Act, 2000 [↩]

What are the Forms of Defamation?

Saying or writing something harmful to a person’s reputation is defamation. It’s against the law to intentionally harm someone’s reputation, cause them to be hated or disgraced through text, image, cartoons, caricatures or effigies.

There can be two forms of defamation – slander and libel.

Slander

Slander involves something that is spoken, with the intention to harm someone’s reputation, and which can be heard. It is in verbal form. For example, Rahul says bad things about Seema’s character, which results in Seema losing her job. Rahul has committed the crime of defamation through slander.

Libel

Libel involves something that is visually represented, with the intention to harm someone’s reputation, and which can be seen. So, anything that can be written, printed or something on an effigy, movie or statue can be libel. If Rahul writes something about Seema in a magazine in a derogatory manner, then Rahul has committed the crime of defamation through libel.

Violence in Online Spaces

As more and more Indians spend time online, the law is evolving to protect us from violence in online spaces. Watch our videos to learn more about the protections available to you against online abuse and online crimes.

Reporting Online Abuse

If you are a victim of online abuse or know someone being victimised, you must report it to the authorities. You can report online abuse in any of the following ways:

Approaching the Police Station

When you go to the police station to complain about a case of online abuse that you have faced, they will ask you to file an FIR. You should make sure you give all the information you know about the incident and abuse that you have faced.

Cyber Cell

Cyber Cells are present in every state and some police stations may have a unit designated to work on cyber crimes. These cells or units will look into and help you out in cases of online violence such as online stalking, hacking, etc. In many states, you can file a complaint online through the website of the cyber cell. For instance, for Delhi, you can file an online complaint here.

If you want to file a complaint, you will have to either:

  • File a complaint online with your respective state’s Cyber Cell website or
  • Approach the police station where you will have to file an FIR which will be forwarded to the Cyber Cell.

Complaint Portals

Online Crime Reporting Portal

You can also lodge a complaint by using the Ministry of Home Affairs’ Online Crime Reporting Portal. You may be redirected to a specific State Government’s website to register a complaint.

Register a complaint in the section “Services for Citizen”, and click on “Report a Cyber Crime ”. Here, you can provide information about the offender, the victim, and the incident along with any supporting evidence, such as screenshots. You can report anonymously or with identification, and you can track your complaint as well. 

Cyber Crime Reporting Portal

You can also directly file a complaint on the Cyber Crime Reporting Portal. Complaints can also be made anonymously.  You can complain against various cybercrimes by selecting the option ‘Report Cyber Crime Related to Women/Child’ or ‘Report Other Cyber Crime’. You must login and create an account and select “Report and Track” if you wish to track your complaint.

What is the Punishment for Defamation?

If you say or write something to insult the reputation of a person, group of people or a company, a court can punish you for defamation. When the insult is to a group of people, the court should be able to identify this class or group of people.

If you harm the reputation of someone who is dead, the court can still punish you for defamation. The Court will look at whether:

  • you would have harmed the person’s reputation if they were alive, and
  • if you  hurt the feelings of their family or relatives.

The deceased person’s legal representatives or relatives can file the case on their behalf.

The punishment for defamation, in such cases, is jail time up to 2 years and/or a fine.

Printing or engraving something harmful to a person’s reputation and selling or trying to sell printed or engraved defamatory material are also criminal acts. The court can punish you with jail time of up to 2 years and/or with fine.

CBFC Actions

If you want to show a film/movie to the general public in a theatre, you have to apply to the CBFC for a certificate. Rule 21 of the Cinematograph Rules details the process for filing the application. The Board examines the film, and it also has to hear from you. Then, it can do any one of the following:

  • Release the film with one of 4 certificates:
    • U (unrestricted), meaning anyone can see the film
    • U/A (unrestricted but with adult supervision), meaning anyone can see the film but parents should use caution in allowing children under 12 to see it
    • A (adults only), meaning only adults may see the film
    • S, a rare certificate that means only certain professionals, such as doctors or scientists, can see the film
  • Tell the filmmaker to make changes to the film before it can be certified by the Board using one of the four certificates above.
  • Refuse to certify the film at all. The film may not be released.

Censorship of Films/Movies

Censorship is when an authority (such as the government) cuts out or suppresses communication. The official stance of the Government is that it does not censor films, it only certifies them.

For the general public to see films/movies, the Central Board of Film Certification has to certify them. Many films are certified only if they meet certain conditions and the filmmakers make certain changes to the film. This amounts to censoring, generally understood as blocking or hiding content from its intended audience.

The law says that the Board can refuse to certify a film if any part, or the whole goes against the sovereignty of India, or affects its relations with other countries. They can also take action if they think the film:

  • is indecent,
  • against morality, or
  • if it is likely to cause public unrest or defame anyone.

The Central Government also has the power to issue more ‘guidelines’ to help the Board decide how to proceed. You should read them for yourself.

Some of the things the guidelines say are –

  • Films should provide a ‘clean and healthy environment’
  • Anti-social activities, or drinking/drug use can’t be glorified, and
  • There should not be needless violence
  • Films shouldn’t cater to the ‘baser instinct’, or be ‘vulgar’.
  • It should not degrade women and sexual violence against women should be shown ‘to the minimum’
  • Anti-national or communal attitudes can’t be promoted

Cyber Safety

To be safe and free from abuse on the online platforms that we use in our day-to-day lives, you can follow the following tips based on the kind of user you are and the use of the online platform:

How Can You Prove Defamation?

To prove a defamation case, you have to show the following things: 

  1. That the person who said or wrote things about you conveyed a defamatory message
  2. That the material was published, meaning that it was conveyed to someone other than you.
  3. That you could be identified as the person referred to in the defamatory material
  4. That you suffered some injury to your reputation as a result of the communication.

Showing a Film Without a Certificate

Showing a film without a certificate to the public is punishable in the following ways.

For showing an uncertified film, the punishment is:

  • minimum jail time of 3 months and maximum of three years, and
  • a fine between ₹20,000 and ₹1,00,000. 

The fine will be ₹20,000 per day if the person continues to show the film after getting a notice. A judge can reduce this punishment, if they have good reasons. By the order of the Court under Section 7 of the Cinematograph Act, 1952, the filmmaker may also have to forfeit the film to the Government.

For showing an adult or special film to children or people it is not certified for, the punishment is:

  • a minimum of 3 years jail time, and/or
  • fine of up to ₹1,00,000.

For making changes to the film after it’s been certified, the punishment is:

  • a minimum of 3 years jail time, and/or
  • fine of up to ₹1,00,000.

The fine can be up to ₹20,000 per day, if the film plays even after the notice. The Government can also take steps to forfeit the film.

Blocking Users on Phones

If you are being harassed by someone through calls and texts, you can block them on your phones following these steps:

Android Phones

Block Calls

To block calls on Android, go to call history and click on the contact for a few seconds. Tap on the option “Add to Blacklist” and all the calls from that number will be rejected.

Block Texts

To block SMS’s on Android, go to the SMS list and click on the SMS you want to block for 2-3 seconds and you will see the block option on the top right corner of the screen. You will continue to receive messages from that number but won’t be notified anymore and the conversation will be archived.

Apple iPhones

With iOS, you can block contacts and phone numbers on your device. You can also filter iMessages from unknown senders and report iMessages that look like spam or junk. See here for further details on the same.

What is the Punishment for Printing/Selling Defamatory Material?

If you print or engrave something you know is defamatory to a person’s reputation, the court can punish you with jail time of up to 2 years and/or with a fine. Generally, newspapers are prosecuted under this provision.

The court can punish you for selling or trying to sell printed or engraved defamatory material with jail time of up to 2 years and/or with a fine.

Censorship of TV Content

A different set of laws deal with censorship on TV. The Government can:

  • censor channels or even entire cable operators like Star TV as a whole.
  • block any content which may cause hatred between groups or public unrest.
  • block content if it violates the code followed by all channels.

They have a broadly worded set of conditions. The content should not offend good taste or decency, encourage superstition or be derogatory to women.

Are Reviews/Critiques Excluded from Defamation?

Yes, if the review or critique of any public material or performance was made in good faith, then it is not considered an act of defamation. For example, if the author of the material has given permission for it to be reviewed by the public, then anyone making a statement against the same will not be held liable for defamation.

However, while a review or critique of a public material or performance was made in good faith is fine, a personal criticism about the creator that can insult their reputation can still be defamation. For example, it may be okay for you to critique Rushdie’s latest novel as ‘boring and dull’, but you can be punished for saying that “Only a boring and dull novel can be expected out of a nincompoop like Rushdie”.

Censorship on the Internet

Censorship on the internet can be done in two ways:

  1. The Government can block any content that it considers either a threat to national security. It can even block content which can disrupt public order or which would encourage people to commit a crime. When the Government blocks online content, they follow a procedure under the law.
  2. Internet service providers and social media platforms have a responsibility to remove any “illegal content”. Illegal content is anything that is grossly harmful, harassing or blasphemous. They have to remove it if they get an order from a Court.

Youtube, Hotstar, Netflix etc sometimes show uncensored films. The Censor Board said that they will demand that all applicants (filmmakers) cannot release censored portions of their films anywhere on the internet. The Cinematograph Act would not directly apply here.

Cyber Stalking

If any person monitors the following used by a woman, it amounts to cyber stalking:

  • Internet
  • Email
  • Any other form of electronic communication
  • Social media platforms

For example, if someone is contacting you on multiple social media platforms despite making it clear that you are not interested in interacting with this person, then this means that they are stalking you online.

Anyone who is stalking you, if convicted for the first time, can face jail time up to three years and a fine, and on the second conviction, jail time up to five years and a fine.1

  1. Section 354D, The Indian Penal Code, 1860. [↩]

Anonymous Threats and Blackmailing

If you get anonymous threats online or you are blackmailed online, you can file a complaint with the cyber cell. To file a complaint, it is not necessary to know who is responsible for the crime. You should try and tell the police whatever you know, but you don’t have to know all the details. The person threatening or blackmailing you may be punished with jail time up to seven years or a fine or both.1

  1. Section 507, The Indian Penal Code, 1860; Section 503, The Indian Penal Code, 1860; Section 506, The Indian Penal Code, 1860. [↩]

Abusive Language and Photoshopping

If someone uses abusive language against you online or photoshops your image into content which is abusive or sexually coloured, that person can be punished1 under the law. The abusive language or picture or video should:

  • Relate to a feeling or revealing of a sexual interest or sexual desire against you or;
  • Relate to any excessive interest in sexual matters or;
  • Relate to content which would deprave or corrupt you, if you read or saw it online, like pornography.

The punishment for the first conviction is jail time up to three years and a fine up to five lakhs and for the second conviction, a jail term which may extend to five years and a fine up to rupees ten lakhs. 

  1. Section 67, Information Technology Act, 2000. [↩]

Physical Threats

Online threats of causing physical injury or harassment can be intimidating, and is considered a crime. For example, if someone messages you on Facebook that they will beat you up, it is considered a threat of physical injury. You can approach the relevant authorities, and file a complaint. 

In legal terms, this is called criminal intimidation, and it is punishable with jail time up to two years or a fine or both.1

  1. Section 506, The Indian Penal Code. [↩]

Identity Theft

Identity theft refers to the act of someone dishonestly stealing and making use of your password, electronic signature, or other unique identification feature. For example, if your classmate steals your Instagram password, it is an instance of identity theft. 

Identity theft is punishable with jail time of up to three years and a fine of up to one lakh rupees.1

  1. Section 66C, The Information Technology Act. [↩]

Impersonation

Impersonation refers to the act of assuming a fake identity with the intention to deceive a person through the use of a computer or any communication device. For example, if someone posts a picture through your Facebook profile, while pretending to be you, it is a case of impersonation. 

The punishment for impersonation is jail time of up to three years and a fine of up to one lakh rupees.1

  1. Section 66D , The Information Technology Act. [↩]

Obscene Materials and Sexual Harassment

The law punishes different kinds of crimes if obscene material is shared or you face sexual harassment online:

Publishes or distributes obscene material online

If someone publishes or distributes obscene material online, it is considered a crime. For example, if someone publishes pictures of a naked woman. This is punishable1 with jail time of up to three years and a fine of up to five lakhs on first conviction, and jail time of up to five years and a fine of up to ten lakhs upon any subsequent conviction.

Publishes or distributes materials that display sexually explicit acts

Further, if someone publishes or distributes materials that display sexually explicit acts, it is also considered a crime. For example, if someone publishes a video of two people engaging in sexual intercourse without their permission, he may be punished under the law. This is punishable2 with jail time of up to five years and a fine of up to ten lakhs on first conviction, and jail time of up to seven years and a fine of up to ten lakhs upon any subsequent conviction.

Showing Pornographic Material

Showing pornographic material to a woman when she does not want to watch it is considered sexual harassment, and is a crime under the law.3 The punishment for this is jail time of up to three years or a fine or both.

  1. Section 67, The Information Technology Act, 2000. [↩]
  2. Section 67A, The Information Technology Act, 2000. [↩]
  3. Section 354A, The Indian Penal Code, 1860. [↩]

Personal Photos/Videos of You

If someone takes, distributes or publishes your personal photographs or videos without your permission, it is considered a crime. For example, if someone takes pictures of your private parts and publishes them on their Facebook account, they have committed the offence of violation of privacy1. The punishment can be jail time up to three years or a fine up to two lakh rupees or both.

It is also a crime to take, view, or circulate pictures of a woman engaging in private acts. It is known as voyeurism2, and is punishable with jail time of up to 3 years and a fine.

  1. Section 66E, The Information Technology Act. [↩]
  2. Section 354C, The Indian Penal Code. [↩]

Insulting Religion

If someone intentionally and with malice, says or writes something that insults your religion or religious beliefs, it is considered a crime under the law. For example, if someone insults your religion by calling it unpleasant names through a Facebook post.

These acts are punishable with jail time  of up to three years or a fine or both.1 

  1. Section 295A, The Indian Penal Code. [↩]