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Checking relevance for Subramanian Swamy VS Union of India, Ministry of Law...
2016 3 Supreme 598 : Defamation can be made out on a Facebook post if the post contains a defamatory statement that tends to lower a person in the estimation of right-thinking members of society, exposes them to hatred, contempt, ridicule, or causes them to be shunned or avoided. The statement must be published without lawful justification and must harm the reputation of the person. The legal principles governing defamation under Section 499 of the Indian Penal Code, 1860, apply to any form of publication, including digital platforms like Facebook, as long as the essential ingredients of defamation—publication, falsity, and harm to reputation—are present. The courts have recognized that defamation includes statements made through written or published means, and the medium (including social media) does not negate the applicability of defamation laws.Checking relevance for Google India Private Limited VS Visakha Industries...
2019 0 Supreme(SC) 1351 : A defamatory post on Facebook can constitute defamation under Section 499 IPC if it involves the making of an imputation and its publication. The determination of whether a post amounts to defamation is a matter for the court to decide. The fact that the post was published on Facebook does not automatically exempt the intermediary (e.g., Facebook) from liability if it had control over the content or failed to act upon knowledge of wrongful publication, as per the rationale in Byrne v Deane. However, under Section 79 of the Information Technology Act, 2000 (pre-amendment), intermediaries were not protected from liability for defamation under Section 499/500 IPC. Therefore, a defamatory Facebook post can be actionable under IPC, and the liability of the intermediary depends on whether it had control over the content or failed to remove it upon notice.Checking relevance for In Re VS S. K. Sundaram...
Checking relevance for M. C. Verghese VS T. J. Poonan...
Checking relevance for Doosan Bobcat India Pvt. Ltd. VS Sree Ganesha Rig Service, Rep. by its Proprietor, R. Selvakumar, S/o. Rasappan...
Checking relevance for Arvind Kejriwal VS State...
2024 0 Supreme(Del) 277 : A Facebook post can constitute defamation if it contains defamatory content that tends to lower a person in the estimation of right-thinking members of society. The post amounts to ''''publication'''' under Section 499 of the Indian Penal Code, especially when it is disseminated widely through social media platforms like Facebook, which function as a megaphone to broadcast messages to a vast audience. The law recognizes that digital content shared on social media platforms, including Facebook, can cause immediate and widespread reputational harm due to the speed, reach, and permanence of online dissemination. Retweeting or sharing such content also constitutes publication and may attract liability unless clarified with a disclaimer or falling within an exception. Therefore, a defamatory Facebook post is actionable under the law.Checking relevance for SATHEESHKUMAR B. R. S/O BALAKRISHNAN VS STATE OF KERALA...
2024 0 Supreme(Ker) 925 : Yes, defamation can be made out on a Facebook post. The court held that Section 499 of the IPC applies to defamation through Facebook and social media platforms, which falls under the category of ''''cyber defamation''''. The court emphasized that whoever makes or publishes any imputation concerning any person with intent to harm, or knowing or having reason to believe that it would defame that person, commits an offence under Section 499 IPC, including through digital means such as Facebook posts. Although the court noted that Section 499 IPC is non-cognizable and that more stringent punishment might require legislative intervention, it confirmed that the law already covers such cases.Checking relevance for Soumendra Kumar Biswas VS Sheshadri Goswami...
2023 0 Supreme(Cal) 1304 : Yes, defamation can be made out on a Facebook post. The legal documents confirm that defamatory statements made through internet portals, including social media platforms like Facebook, can constitute defamation. The court emphasized that the damage caused to a person''''s reputation is immediate and far-reaching on the internet, and that so long as defamatory content remains visible on social media, it is likely to cause continuing damage. The court also held that if the statements are per se defamatory and devoid of truth, the court has the power to grant an injunction to restrain further publication, even in cases involving social media content. This applies regardless of whether the harm can be compensated monetarily, as the reputation of a person is a primary factor in society and cannot be casually tarnished.
