Theme: Media & Intellectual Property

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.(( Section 354D, The Indian Penal Code, 1860.))