Cyberdefamation & Fake News - FACTs you should know.

Cyber-defamation happens when false or harmful content is posted online to damage someone's reputation. It can spread on WhatsApp, Instagram, Facebook, YouTube, or blogs, often going viral and causing real-world harm. Fake news also triggers panic, riots, or financial loss.
Key Laws Applicable
- Bharatiya Nyaya Sanhita (BNS), 2023 – Sections on defamation, insult, and obscenity.
- Information Technology Act, 2000 – Sections 66, 67, 79.
- IT (Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021 – Duties of platforms and creators.
- Indian Penal Code (IPC) – Applies to older cases before BNS replaced it.
Major Offences
- BNS Section 356 – Defamation (including via electronic media).
- BNS Section 79 – Insulting the modesty of a woman via electronic media.
- IT Act Section 67 – Publishing obscene content.
- IT Act Section 79 – Liability of platforms if they fail to act.
Note: Section 66A of the IT Act (about offensive messages) was struck down, but police still sometimes mention it – courts won't uphold it.
Where & How to Report Cyber Defamation / Fake News
- National Cybercrime Reporting Portal – cybercrime.gov.in
- (For defamation, fake profiles, fake news, revenge porn, and obscene content).
- Local Police Station – File FIR directly.
- Cyber Crime Cell – Available in every state.
- Helpline – Call 1930 (Cyber Crime Helpline).
State-wise Cybercrime Reporting Table
State/UT | Cyber Crime Cell Website / Portal |
---|---|
Delhi | https://cyber.delhipolice.gov.in/Report.html |
Maharashtra (Mumbai) | https://mhcyber.gov.in/ |
Karnataka | https://ksp.karnataka.gov.in/english |
Tamil Nadu | Tamil Nadu portal |
Uttar Pradesh | https://uppolice.gov.in/article/en/cyber-crime |
West Bengal | https://cybercrimewing.wb.gov.in/ |
Telangana | https://tgcsb.tspolice.gov.in/ |
Kerala | Kerala Cybercrime Portal |
Rajasthan | Rajasthan Cybercrime Portal |
Gujarat | https://gujaratcybercrime.org/eng/guide.html |
Haryana | https://haryanapolice.gov.in/Login |
Punjab | https://cybercrime.punjabpolice.gov.in/ |
All India (General) | https://cybercrime.gov.in |
(For smaller states/UTs, the common portal cybercrime.gov.in applies.)
Relatable FAQs – Cyber Defamation & Fake News
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1. Somebody posted falsehoods about me on Facebook; is this cyber-defamation?
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Yes, if your reputation is harmed. You can file a complaint with the police or cyber cell.
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2. A YouTube channel is spreading lies about my business. What should I do?
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Report the video to YouTube and lodge a cyber complaint with evidence (screenshots, links).
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3. How do I report fake news on WhatsApp?
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Long press message → Tap "Report". Also complain on cybercrime.gov.in with screenshots.
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4. Is a meme with my photo and false text defamation?
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Yes, it counts as cyber-defamation + identity misuse. File a complaint.
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5. What is the punishment for cyber defamation?
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Jail up to 2–3 years + fine, depending on harm caused.
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6. What if I just shared the fake post unknowingly?
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You may be warned. But repeated sharing knowingly = legal action.
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7. Can I sue for damages (money)?
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Yes. File a civil defamation suit for compensation.
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8. Can minors be punished?
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Yes, but under juvenile justice law if below 18.
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9. Am I liable if I'm a WhatsApp group admin?
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Yes, if you ignore/report malicious content.
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10. How can I get defamatory posts removed quickly?
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File a takedown request with the platform OR seek a court injunction for urgent removal.
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