The high court has reiterated the need for comprehensive legislation making the offence of cyber defamation cognizable and providing for more stringent punishment.
Justice A Badharudeen made this observation while dismissing a petition filed by an accused seeking to quash the case against him. The accused allegedly published videos, scripts, and messages intended to insult the modesty of the complainant. It was also alleged that the accused sent two postcards to the complainant’s father, stating that the complainant had been pregnant twice and had aborted both pregnancies. Additionally, the accused was said to have published photos of the complainant with him on her Facebook account to defame her.
While addressing the petition, the bench noted that another single bench had previously urged the legislature to enact comprehensive laws to address defamatory statements and posts on Facebook and other social media platforms, ensuring appropriate punishment. This was highlighted in the Fr Geevarghese John vs Subin John case a year ago.
The court observed that Section 499 of the IPC applies to defamation via Facebook and other social media platforms, which falls under the category of ‘cyber defamation’. Section 499 stipulates that anyone who makes or publishes imputations concerning a person, intending to harm or knowing that such imputations will harm their reputation, is liable for defamation. However, the offence under Section 499 is non-cognizable, the bench noted.