Cyber Harassment, Defamation, And Online Offenses

03 Oct 2025 --
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🔒 I. Cyber Harassment, Defamation, and Online Offenses: Legal Overview

1. Cyber Harassment

Cyber harassment includes:

Sending threatening, obscene, or offensive messages online

Stalking or repeatedly contacting someone through email, social media, or messaging apps

Morphing images to cause embarrassment or shame

Using social media to spread false or hurtful information

Relevant Laws:

Section 354D IPC – Cyber stalking

Section 509 IPC – Word, gesture, or act intended to insult the modesty of a woman

Section 67, 67A of the IT Act, 2000 – Publishing or transmitting obscene material

2. Online Defamation

Online defamation occurs when false statements are made about someone on the internet that harm their reputation.

Relevant Laws:

Section 499 IPC – Criminal defamation

Section 500 IPC – Punishment for defamation

IT Act, 2000 – For medium of offense (internet, social media, etc.)

3. Other Cyber Offenses

Includes:

Cyberbullying

Impersonation

Email spoofing

Hacking and data theft

Relevant Sections:

Section 66C – Identity theft

Section 66D – Cheating by impersonation

Section 43 – Hacking/data breach

🧑‍⚖️ II. Important Case Laws (Explained in Detail)

1. Shreya Singhal v. Union of India (2015)

Citation: AIR 2015 SC 1523

Facts:
Two girls in Maharashtra were arrested under Section 66A of the IT Act for posting and liking a Facebook comment criticizing a bandh after Bal Thackeray’s death.

Issue:
Is Section 66A, which criminalized sending "offensive messages" online, unconstitutional?

Judgment:

The Supreme Court struck down Section 66A as unconstitutional, holding it violated Article 19(1)(a) – freedom of speech and expression.

The Court said the section was vague and overly broad, allowing arbitrary arrests for online speech.

Importance:
This landmark case protected citizens' right to free speech online and ensured people aren’t punished for mere opinions or criticism.

2. Kalandi Charan Lenka v. State of Odisha (2017)

Citation: 2017 SCC OnLine Ori 370

Facts:
A girl was stalked and harassed online through fake Facebook profiles, where her morphed obscene pictures were posted. The accused also sent threatening emails and messages.

Charges Applied:

Sections 354D, 507 IPC – Stalking and criminal intimidation

Section 66E, 67 of IT Act – Privacy violation and obscene material online

Judgment:
The Orissa High Court took a strong stance against cyber harassment, noting the serious mental trauma caused to the victim. Bail was denied to the accused.

Importance:
Set a precedent for treating online stalking and image morphing seriously, especially when it impacts a woman’s dignity.

3. SMC Pneumatics (India) Pvt. Ltd. v. Jogesh Kwatra (2004)

Court: Delhi High Court

Facts:
An employee sent defamatory and abusive emails about his company and bosses to various internal and external parties. The emails were traced to his personal ID.

Legal Action:
A civil defamation suit was filed under the Indian Penal Code and IT Act.

Judgment:

The court granted a permanent injunction restraining the defendant from sending such emails.

Recognized that defamation could occur through email and internet under Indian law.

Importance:
This was one of the first cases of cyber defamation in India. It established that companies and individuals can seek civil remedies against online defamation.

4. State of Tamil Nadu v. Suhas Katti (2004)

Court: Chennai Cyber Crime Cell

Facts:
The accused created a fake email ID and posted defamatory and obscene content about a woman in a Yahoo message group. He also sent offensive messages to her regularly.

Charges:

Section 469 IPC – Forgery for harming reputation

Section 509 IPC – Insulting the modesty of a woman

Section 67 IT Act – Publishing obscene material

Judgment:
The accused was convicted and sentenced to 2 years imprisonment and fined, making it the first cybercrime conviction in India under Section 67 of the IT Act.

Importance:
This case was a turning point for cyber law enforcement, showing that the legal system could successfully handle and convict offenders in cyber harassment cases.

5. Swami Ramdev v. Facebook, Google, Twitter (2019)

Citation: 2019 SCC OnLine Del 10701

Facts:
Videos of defamatory content against Baba Ramdev were uploaded on global platforms like Facebook and YouTube. Though Indian courts ordered their takedown, they continued to be available outside India.

Issue:
Can Indian courts direct global takedown of content hosted on international platforms?

Judgment:
The Delhi High Court held that:

If content is found defamatory under Indian law, courts can order global takedown of such content.

Internet companies must take down URLs not just in India but worldwide.

Importance:
The case strengthened India’s position in controlling cross-border defamation and protecting reputation in the digital age.

🧾 Summary Table of Legal Provisions Used:

Offense	Relevant IPC Sections	Relevant IT Act Sections
Cyber Harassment	354D, 509, 507	66E, 67, 67A
Online Defamation	499, 500	66A (repealed), 69A
Cyber Stalking	354D	66C, 66D
Image Morphing	292, 509	66E, 67
Threats & Obscenity	506, 507	67, 67A

✅ Conclusion

Cyber harassment and defamation are now clearly recognized as punishable offenses in India, both civilly and criminally. Courts have interpreted old laws like the IPC in light of modern technology and have supported victims with landmark judgments. The IT Act, 2000 complements these provisions, especially in crimes involving email, social media, and internet platforms.