Facebook Law in India

Facebook Law in India
Rohas Nagpal Asian School of Cyber Laws
This ebook is a part of the FREE online course entitled Facebook Law in India
For details, visit: http://www.asianlaws.org/free.php
Issued in the public interest by:
www.asianlaws.org | info@asianlaws.org
(c) 2012 Rohas Nagpal. All rights reserved.
Page | 1
Think before you post Before posting on Facebook, ask yourself one question. If this comment were about my family, or me, would I be offended? If your answer is yes, DO NOT post.
Page | 2
Published in 2012 by Asian School of Cyber Laws Copyright 2012 by Rohas Nagpal. All rights reserved. The information in this book is provided for informational purposes only and does not constitute legal advice. No part of this book may be reproduced or otherwise used without prior written permission from the author unless such use is expressly permitted by applicable law. No investigation has been made of common-law trademark rights in any word. Words that are known to have current trademark registrations are shown with an initial capital and are also identified as trademarks. The inclusion or exclusion of any word, or its capitalization, in this book is not, however, an expression of the publisher's opinion as to whether or not it is subject to proprietary rights, nor is it to be regarded as affecting the validity of any trademark. This book is provided "as is" and Asian School of Cyber Laws makes no representations or warranties, express or implied either in respect of this book or the software, websites and other information referred to in this book. By way of example, but not limitation, Asian School of Cyber Laws makes no representations or warranties of merchantability or fitness for any particular purpose or that the use of licensed software, database or documentation will not infringe any third party patents, copyrights, trademarks or other rights.
(c) 2012 Rohas Nagpal. All rights reserved. Page | 3
Contents
1. Is it legal to ridicule a Government official or Minister on Facebook? .........................................................................................8 2. Is it legal to ridicule a celebrity or even an ordinary person on Facebook? ....................................................................... 15 3. Is it legal to ridicule a religion on Facebook? ................... 20 4. Is it legal to refer to a politician as corrupt on Facebook? ............................................................................................. 25 5. Is it legal to call someone an idiot on Facebook? ........ 30 6. Is it legal to call someone a fat pig on Facebook? ....... 35 7. Is it legal to refer to someone as having ugly pimples on Facebook? ...................................................................................... 40 8. I have ordered some stuff from a famous ecommerce website. They have not sent it even after a month but my credit card has been charged for the transaction. Is it legal to post my complaint about this on my Facebook wall? .. 45
Page | 4
9. Do Facebook related laws violate the Constitution of India? ...................................................................................................... 47 10. Is it legal to open a Facebook account in a fake name? ................................................................................................................... 49 11. Can I use my favourite celebritys name and open an account on Facebook? ..................................................................... 54 12. Someone has tagged me in an offensive photo. Is that legal? ....................................................................................................... 59 13. Is it legal to post obscene photos / videos on my wall or page? ................................................................................................. 62 14. A friend has posted an obscene photo of themselves on their own wall. Since I can see that photo, can I file a case against my friend?............................................................... 68 15. Is it legal to use abusive language in posts? ................... 74 16. If I use asterisk marks instead of abusive words, can I still get into trouble?........................................................................ 77 17. Someone has sent me a threatening message on Facebook. Is that a crime? ............................................................. 80
18. As a joke, I have put a morphed photo of my friend on Facebook. She has taken it as a joke, but her father is very angry with this. Can he file a case against me? .................... 86 19. What kind of posts can land me in prison? .................... 88
Page | 6
Is it legal to ridicule a Government official or Minister on Facebook?
No
1. Is it legal to ridicule a Government official or Minister on Facebook?

No. This is a very serious offence and could get someone in jail for life! And unlike what is shown in Hindi movies, life imprisonment means imprisonment for life and not just 14 years! Ridiculing a Government official or Minister on Facebook could be illegal under the following laws: 1. Sedition1 2. Defamation2 3. Sending offensive electronic messages3 Plus, if the Minister or official is a woman, it could also be covered under indecent representation of women4.
Whats covered? Facebook posts, messages, comments etc. Even liking or sharing these posts could get a person into trouble.
Dont do the crime if you cant do the time!

Section 124A of the Indian Penal Code Section 499 of the Indian Penal Code 3 Section 66A of the Information Technology Act 4 Sections 3 and 4 of Indecent Representation of Women (Prohibition) Act
1 2
Page | 8
Offence
Max Jail Time
Arrest warrant needed? No
Bailable?
Sedition
Life imprisonment Unlimited Fine 2 years Unlimited Fine 3 years Unlimited Fine
No
Defamation
Yes
Yes
Sending offensive electronic messages Indecent representation of women
No
Yes
2 years Rs. 2,000
Yes
Yes
Page | 9
The details
Sedition Depending upon the exact content of the message or post, ridiculing Government officials or Ministers could be termed as sedition, which is defined in section 124A of the Indian Penal Code. Sedition refers to spoken words, written words, photos, cartoons etc that could: 1. bring the Government into hatred or contempt, 2. excite disaffection (disloyalty and all feelings of enmity) towards the Government Exceptions: Comments expressing strong disapproval of the measures or actions of the Government do not amount to sedition if they are: 1. with a view to obtain their alteration by lawful means, 2. without exciting or attempting to excite hatred, contempt or disaffection
Defamation A comment that harms the reputation of a person comes under the definition of defamation under section 499 of the Indian Penal Code.
A persons reputation is harmed if the comment, photo cartoon etc does the following in the estimation of others: 1. lowers the moral or intellectual character of that person 2. lowers the character of that person in respect of his caste or profession, 3. lowers the credit of that person, 4. causes it to be believed that the persons body is in a loathsome or disgraceful state. Did you know? 1. Even companies, colleges, organizations can be defamed. 2. Sarcastic comments can also amount to defamation
Sending offensive electronic messages Sending offensive electronic messages is penalized under section 66A of the Information Technology Act. The following types of posts will be covered under this section: 1. posts that are grossly offensive (e.g. cause anger, displeasure, resentment) 2. posts that are menacing or threatening 3. posts that contain false information sent for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will.
4. posts or messages sent for causing annoyance, or inconvenience, 5. posts or messages sent to deceive or to mislead about the origin of the messages.
Indecent representation of women Indecent representation of women means the depiction of the figure or body part of a woman in a manner that is indecent, derogatory or denigrating. Or which is against public morality. Posts, comments, pics etc that indecently represent women are punished under section 6 of the Indecent Representation of Women (Prohibition) Act.
Page | 12
Some Cases
Two Air India cabin crew members were arrested and jailed for 12 days for posting derogatory remarks against the Prime Ministers Office, the national flag and the Supreme Court, while commenting on a strike by Air India pilots. (India, May 2012).
Ahmad Shuman was arrested for creating a Facebook page criticizing Lebanese President Michel Sleiman. (Beirut, July 2010).
Vikas Mavhudzi was arrested for subverting a constitutional government when he posted a facebook message in support of the protests in Egypt. (Zimbabwe, April 2011)
Page | 13
Is it legal to ridicule a celebrity or even an ordinary person on Facebook?
No
2. Is it legal to ridicule a celebrity or even an ordinary person on Facebook?

No. This is a serious offence and could get someone in jail for upto 3 years! Ridiculing a celebrity or even an ordinary person on Facebook could be illegal under the following laws: 1. Defamation5 2. Sending offensive electronic messages6 Plus, if the victim is a woman, it could also be covered under indecent representation of women7.
Section 499 of the Indian Penal Code Section 66A of the Information Technology Act 7 Sections 3 and 4 of Indecent Representation of Women (Prohibition) Act
5 6
Page | 15

Offence Max Jail & Fine Arrest warrant needed? Yes Bailable?
Defamation
2 years jail Unlimited Fine 3 years jail Unlimited Fine
Yes
Sending offensive electronic messages Indecent representation of women
No
Yes
2 years jail Rs. 2,000
Yes
Yes
Page | 16
The details
Defamation
A comment that harms the reputation of a person comes under the definition of defamation under section 499 of the Indian Penal Code. A persons reputation is harmed if the comment, photo cartoon etc does the following in the estimation of others: 1. lowers the moral or intellectual character of that person 2. lowers the character of that person in respect of his caste or profession, 3. lowers the credit of that person, 4. causes it to be believed that the persons body is in a loathsome or disgraceful state. Did you know? 1. Even companies, colleges, organizations can be defamed. 2. Sarcastic comments can also amount to defamation
Page | 17
Sending offensive electronic messages Sending offensive electronic messages is penalized under section 66A of the Information Technology Act. The following types of posts will be covered under this section: 1. posts that are grossly offensive (e.g. cause anger, displeasure, resentment) 2. posts that are menacing or threatening 3. posts that contain false information sent for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will. 4. posts or messages sent for causing annoyance, or inconvenience, 5. posts or messages sent to deceive or to mislead about the origin of the messages.
Indecent representation of women "Indecent representation of women" means the depiction of the figure or body part of a woman in a manner that is indecent, derogatory or denigrating. Or which is against public morality. Posts, comments, pics etc that indecently represent women are punished under section 6 of the Indecent Representation of Women (Prohibition) Act.
Page | 18
Is it legal to ridicule a religion on Facebook?
No
3. Is it legal to ridicule a religion on Facebook?

No. This is a serious offence and could get someone in jail for upto 3 years! Ridiculing a religion on Facebook could be illegal under the following laws: 1. 2. 3. 4. 5. Promoting enmity on grounds of religion8 Outraging religious feelings9 Wounding religious feelings10 Sending offensive electronic messages11 Imputations, assertions prejudicial to integration
national-
Section 153A of the Indian Penal Code Section 295A of the Indian Penal Code 10 Section 298 of the Indian Penal Code 11 Section 66A of the Information Technology Act
8 9
Page | 20

Offence Max Jail & Fine Arrest warrant needed? No Bailable?
Promoting enmity on grounds of religion Outraging religious feelings Wounding religious feelings Sending offensive electronic messages Imputations, assertions prejudicial to nationalintegration
3 years jail Unlimited Fine
No
3 years jail Unlimited Fine 1 year jail Unlimited Fine 3 years jail Unlimited Fine
No
No
Yes
Yes
No
Yes
No
No
Page | 21
The details
Promoting enmity on grounds of religion
A comment, post, photo, cartoon etc that promotes disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities is penalized under section 153A of the Indian Penal Code. This section also penalizes acts which are prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities. Further this section also penalizes acts which disturb or are likely to disturb public tranquillity.
Outraging religious feelings
A comment, post, photo, cartoon etc that outrages the religious feelings of any class of citizens of India is penalized by section 295A of the Indian Penal Code. This section also penalizes a comment, post, photo, cartoon etc that insults or attempts to insult the religion or the religious beliefs of any class of citizens of India.
Wounding religious feelings A comment, post, photo, cartoon etc that is made with the deliberate intention of wounding the religious feelings of any person is penalized by section 298 of the Indian Penal Code.
Sending offensive electronic messages
Sending offensive electronic messages is penalized under section 66A of the Information Technology Act. The following types of posts will be covered under this section: 1. posts that are grossly offensive (e.g. cause anger, displeasure, resentment) 2. posts that are menacing or threatening 3. posts that contain false information sent for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will. 4. posts or messages sent for causing annoyance, or inconvenience, 5. posts or messages sent to deceive or to mislead about the origin of the messages.
Page | 23
Is it legal refer to a politician as corrupt on Facebook?
No
4. Is it legal to refer to a politician as corrupt on Facebook?

No, unless the politician has been found guilty of corruption by a court of law. This is a serious offence and could get someone in jail for upto 3 years! If the politician has not been found guilty of corruption, by a court of law, then calling him corrupt is punishable under following laws: 6. Defamation12 7. Sending offensive electronic messages13
12 13
Section 499 of the Indian Penal Code Section 66A of the Information Technology Act

Sending offensive electronic messages Defamation
Yes
2 years Unlimited Fine
Yes
Yes
Page | 26
The details
Defamation
Page | 27
Page | 28
Is it legal to call someone an idiot on Facebook?
No
5. Is it legal to call someone an idiot on Facebook?

No. This is a serious offence and could get someone in jail for upto 3 years! The dictionary meaning of idiot is a person of low intelligence or a mentally deficient person. Since it is impossible to prove that a person is actually an idiot, calling someone an idiot would amount to defamation and would be punishable under two laws: 1. Defamation14 2. Sending offensive electronic messages15
14 15

Yes
Yes
Yes
Page | 31
The details
Defamation
Page | 32
Page | 33
Is it legal to call someone a fat pig on Facebook?
No
6. Is it legal to call someone a fat pig on Facebook?

No. This is a serious offence and could get someone in jail for upto 3 years! In a normal Indian context, referring to someone as a fat pig may cause it to be believed that the persons body is in a loathsome or disgraceful state. This would be punishable under two laws: 1. Defamation16 2. Sending offensive electronic messages17
16 17

Yes
Yes
Yes
Page | 36
The details
Defamation
A comment that harms the reputation of a person comes under the definition of defamation under section 499 of the Indian Penal Code. A persons reputation is harmed if the comment, photo, cartoon etc does the following in the estimation of others: 1. lowers the moral or intellectual character of that person 2. lowers the character of that person in respect of his caste or profession, 3. lowers the credit of that person, 4. causes it to be believed that the persons body is in a loathsome or disgraceful state. Did you know? 1. Even companies, colleges, organizations can be defamed. 2. Sarcastic comments can also amount to defamation
Page | 37
A related case
Farah NurArafah, an 18-year-old, was given a 75-day suspended jail sentence for calling her friend a promiscuous, overweight pig on Facebook. (Indonesia, February 2010)
Page | 38
Page | 39
7. Is it legal to refer to someone as having ugly pimples on Facebook?

No. This is a serious offence and could get someone in jail for upto 3 years! In a normal Indian context, referring to someone as having ugly pimples may cause it to be believed that the persons body is in a loathsome or disgraceful state. This would be punishable under two laws: 1. Defamation18 2. Sending offensive electronic messages19
18 19

Yes
Yes
Yes
Page | 41
The details
Defamation
Page | 42
Page | 43
I have ordered some stuff from a famous ecommerce website. They have not sent it even after a month but my credit card has been charged for the transaction. Is it legal to post my complaint about this on my Facebook wall?
Yes
Page | 44
8. I have ordered some stuff from a famous ecommerce website. They have not sent it even after a month but my credit card has been charged for the transaction. Is it legal to post my complaint about this on my Facebook wall?
Yes. Remember the following points while making this post: 1. State only facts. 2. Do not make any sarcastic statements.
Page | 45
Do the Facebook related laws violate the Constitution of India?
No
Page | 46
9. Do the Facebook related laws violate the Constitution of India?

No. Article 19 of The Constitution of India gives all Indian citizens the right to freedom of speech and expression. But, the Constitution of India also allows the Government to make laws that impose reasonable restrictions on this fundamental right for the following reasons: 1. 2. 3. 4. 5. 6. 7. 8. 9. in the interests of the sovereignty and integrity of India, in the interests of the security of the State, in the interests of friendly relations with foreign States, in the interests of public order, in the interests of decency in the interests of morality in relation to contempt of court, in relation to defamation or in relation to incitement to an offence
Page | 47
Is it legal to open a Facebook account in a fake name?
No
10. Is it legal to open a Facebook account in a fake name?

No. This is a serious offense and simply creating the account in a fake name (or someone elses name) makes the creator liable for 2 years imprisonment. If the person sends even one message, posts one comment or sends even one friend request using this account, the liability could be another 3 years in jail! Simply creating the account in the fake name (or someone elses name) amounts to forgery20. If the account is used, then it amounts to sending offensive electronic messages21. Further if the fake account was created for the purpose of harming someones reputation, then it amounts to forgery for purpose of harming reputation22.
Punishable under section 465 of the Indian Penal Code Section 66A of the Information Technology Act 22 Section 469 of the Indian Penal Code
20 21
Page | 49

Forgery
2 years Unlimited Fine 3 years jail Unlimited Fine
Yes
Sending offensive electronic messages Forgery for purpose of harming reputation
No
Yes
No
Yes
Page | 50
The details
Forgery Creating a facebook account in a fake name (or someone elses name) amounts to creating a false electronic record under section 464 of the Indian Penal Code. Since the creation of this fake account is made with an intention to enter into a contract with Facebook, this amounts to forgery under section 464 of the Indian Penal Code. This section applies where the fake account is created for reasons including the following: 1. with the intention to cause damage or injury to the public 2. with the intention to cause damage or injury to a person 3. to enter into a contract 4. with the intention to commit fraud
Forgery for purpose of harming reputation When a fake account is created for the purpose of harming someones reputation then it is penalized by section 469 of the Indian Penal Code.
Page | 52
Can I use my favourite celebritys name and open an account on Facebook?
No
Page | 53
11. Can I use my favourite celebritys name and open an account on Facebook?
No. This is a serious offense and simply creating the account in a celebritys name makes the creator liable for 2 years imprisonment. If the person sends even one message, posts one comment or sends even one friend request using this account, the liability could be another 3 years in jail! Simply creating the account in the celebritys name amounts to forgery23. If the account is used, then it amounts to sending offensive electronic messages24. Further if the fake account was created for the purpose of harming the celebritys reputation, then it amounts to forgery for purpose of harming reputation25.
Punishable under section 465 of the Indian Penal Code Section 66A of the Information Technology Act 25 Section 469 of the Indian Penal Code
23 24
Page | 54

Forgery
2 years Unlimited Fine 3 years jail Unlimited Fine
Yes
Sending offensive electronic messages Forgery for purpose of harming reputation
No
Yes
No
Yes
Page | 55
The details
Forgery Creating a facebook account in a celebritys name amounts to creating a false electronic record under section 464 of the Indian Penal Code. Since the creation of this fake account is made with an intention to enter into a contract with Facebook, this amounts to forgery under section 464 of the Indian Penal Code. This section applies where the fake account is created for reasons including the following: 1. with the intention to cause damage or injury to the public 2. with the intention to cause damage or injury to a person 3. to enter into a contract 4. with the intention to commit fraud
Forgery for purpose of harming reputation When the account is created for the purpose of harming the celebritys reputation then it is penalized by section 469 of the Indian Penal Code.
Page | 57
Someone has tagged me in an offensive photo. Is that legal?
No
12. Someone has tagged me on an offensive photo. Is that legal?

No. This is a serious offense and makes the person tagging someone liable for 3 years imprisonment. Tagging someone in such a photo amounts to sending offensive electronic messages26.
26
Section 66A of the Information Technology Act


Sending offensive electronic messages
Yes
The details
Is it legal to post obscene photos / videos on my wall or page?
No
Page | 61
13. Is it legal to post obscene photos / videos on my wall or page?

No. This is a serious offense and makes the person posting the obscene photos / videos liable for 3 years imprisonment27. If the photos / videos contain a sexually explicit act, then an additional liability of 5 years imprisonment is created28. If the photos / videos depict children in a sexually explicit act, then an additional liability of 5 years imprisonment is created29.
Section 67 of the Information Technology Act Section 67A of the Information Technology Act 29 Section 67B of the Information Technology Act
27 28
Page | 62

Posting obscene photos / videos Posting sexually explicit photos / videos Posting photos / videos depicting children in a sexually explicit act
3 years Rs 5 lakh 5 years jail Rs 10 lakh
Yes
No
No
5 years jail Rs 10 lakh
No
No
Page | 63
The details
Posting obscene photos / videos To be considered obscene for the purpose of section 67 of the Information Technology Act, the matter must satisfy at least one of the following conditions: 1. it must tend to excite lust, or 2. it must arouse interest in lustful thoughts, or 3. it must cause a person to become morally bad. The above conditions must be satisfied in respect of a person who is the likely target of the material. Exceptions are provided if the material is for public good in the interest of science, literature, art or learning or other objects of general concern. Exceptions are also provided for material which is kept or used for bona fide heritage or religious purposes.
Photos / videos depicting a sexually explicit act Section 67A of the Information Technology Act penalizes publishing or transmitting of material containing sexually explicit act in the electronic form. Exceptions are provided if the material is for public good in the interest of science, literature, art or learning or other objects of general concern.
Exceptions are also provided for material which is kept or used for bona fide heritage or religious purposes. Photos / videos depicting children in sexually explicit act Section 67B of the Information Technology Act penalizes publishing or transmitting of material depicting children in a sexually explicit act in the electronic form. The word children means persons who have not completed 18 years of age. This section penalizes the following: 1. Publishing or transmitting electronic material which depicts children engaged in sexually explicit acts or conduct 2. Causing to be published or transmitted electronic material which depicts children engaged in sexually explicit acts or conduct 3. Creating text or digital images depicting children in obscene or indecent or sexually explicit manner 4. Collecting, seeking, browsing, downloading, advertising, promoting, exchanging or distributing electronic material depicting children in obscene or indecent or sexually explicit manner 5. Cultivating, enticing or inducing children to online relationship with one or more children for a sexually explicit act
Page | 65
6. Cultivating, enticing or inducing children to online relationship with one or more children in a manner that may offend a reasonable adult 7. Facilitating abusing children online 8. Recording in any electronic form abuse pertaining to sexually explicit acts with children Exceptions are provided if the material is for public good in the interest of science, literature, art or learning or other objects of general concern. Exceptions are also provided for material which is kept or used for bona fide heritage or religious purposes.
Page | 66
A friend has posted an obscene photo of themselves on their own wall. Since I can see that photo, can I file a case against my friend?
Yes
14. A friend has posted an obscene photo of themselves on their own wall. Since I can see that photo, can I file a case against my friend?
Yes. This is a serious offense and makes the person posting the obscene photos / videos liable for 3 years imprisonment30. If the photos / videos contain a sexually explicit act, then an additional liability of 5 years imprisonment is created31. If the photos / videos depict children in a sexually explicit act, then an additional liability of 5 years imprisonment is created32.
Section 67 of the Information Technology Act Section 67A of the Information Technology Act 32 Section 67B of the Information Technology Act
30 31
Page | 68

Posting obscene photos / videos Posting sexually explicit photos / videos Posting photos / videos depicting children in a sexually explicit act
3 years Rs 5 lakh 5 years jail Rs 10 lakh
Yes
No
No
5 years jail Rs 10 lakh
No
No
Page | 69
The details
Posting obscene photos / videos To be considered obscene for the purpose of section 67 of the Information Technology Act, the matter must satisfy at least one of the following conditions: 4. it must tend to excite lust, or 5. it must arouse interest in lustful thoughts, or 6. it must cause a person to become morally bad. The above conditions must be satisfied in respect of a person who is the likely target of the material. Exceptions are provided if the material is for public good in the interest of science, literature, art or learning or other objects of general concern. Exceptions are also provided for material which is kept or used for bona fide heritage or religious purposes.
Photos / videos depicting a sexually explicit act Section 67A of the Information Technology Act penalizes publishing or transmitting of material containing sexually explicit act in the electronic form. Exceptions are provided if the material is for public good in the interest of science, literature, art or learning or other objects of general concern.
Exceptions are also provided for material which is kept or used for bona fide heritage or religious purposes. Photos / videos depicting children in sexually explicit act Section 67B of the Information Technology Act penalizes publishing or transmitting of material depicting children in sexually explicit act in the electronic form. The word children means persons who have not completed 18 years of age. This section penalizes the following: 1. Publishing or transmitting electronic material which depicts children engaged in sexually explicit acts or conduct 2. Causing to be published or transmitted electronic material which depicts children engaged in sexually explicit acts or conduct 3. Creating text or digital images depicting children in obscene or indecent or sexually explicit manner 4. Collecting, seeking, browsing, downloading, advertising, promoting, exchanging or distributing electronic material depicting children in obscene or indecent or sexually explicit manner 5. Cultivating, enticing or inducing children to online relationship with one or more children for sexually explicit acts
Page | 71
6. Cultivating, enticing or inducing children to online relationship with one or more children in a manner that may offend a reasonable adult 7. Facilitating abusing children online 8. Recording in any electronic form abuse pertaining to sexually explicit acts with children Exceptions are provided if the material is for public good in the interest of science, literature, art or learning or other objects of general concern. Exceptions are also provided for material which is kept or used for bona fide heritage or religious purposes.
Page | 72
Is it legal to use abusive language in posts?
No
15. Is it legal to use abusive language in posts?

No. This is a serious offense and makes the person using abusive language in posts, comments etc liable for 3 years imprisonment33.
33


Using abusive language in posts
Yes
The details
If I use asterisk marks instead of abusive words, can I still get into trouble?
Yes
16. If I use asterisk marks instead of abusive words, can I still get into trouble?
Yes. Even if you use asterisk marks (e.g. instead of fool, you say f**l), if the meaning is apparent, then it would be punishable with upto 3 years imprisonment34.
34


Using abusive language in posts
Yes
The details
Someone has sent me a threatening message on Facebook. Is that a crime?
Yes
17. Someone has sent me a threatening message on Facebook. Is that a crime?

Yes. Sending threatening messages on Facebook can be penalized as sending offensive messages and is punishable with upto 3 years imprisonment35. Additionally, depending upon the threat in the message, additional punishment could vary from 2 years imprisonment to 7 years imprisonment36. Additionally, if the threatening message is sent using a fake account (or in any manner to hide the name and details of the sender), then an additional 2 years punishment can be given37.
Section 66A of the Information Technology Act Section 506 of the Indian Penal Code 37 Section 507 of the Indian Penal Code
35 36
Page | 80

Sending offensive messages Sending threatening message Sending serious threat message Message from fake account
Yes
Yes
Yes
7 years jail Unlimited Fine 2 years jail
Yes
Yes
Yes
Yes
Page | 81
The details
Sending threatening messages
Sending threatening message may amount to criminal intimidation as defined under section 503 of the Indian Penal Code.
This section applies when someone threatens another with: 1. physical injury 2. damaging the reputation 3. damaging the property The threat need not necessarily relate to the victim. The threat could be made in relation to the victims family, friends, colleagues, employees etc. This section applies when the threat is made to alarm the victim or force the victim do something (or omit to do something). Note: Sending an appropriate legal notice would not amount to criminal intimidation even when the notice threatens legal action against the persons property.
Sending serious threat This is covered by section 506 of the Indian Penal Code and applies if the threat is to cause: 1. 2. 3. 4. 5. 6. 7. death, grievous hurt, destruction of any property by fire, murder, rape, dacoity maligning character of a woman etc
be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Sending threatening messages from a fake account If the threatening message is sent using a fake account (or in any manner to hide the name and details of the sender), then it is covered by section 507 of the Indian Penal Code.
Page | 84
As a joke, I have put a morphed photo of my friend on Facebook. She has taken it as a joke, but her father is very angry with this. Can he file a case against me?
Yes
18. As a joke, I have put a morphed photo of my friend on Facebook. She has taken it as a joke, but her father is very angry with this. Can he file a case against me?
Yes. If her father finds it offensive, he can file a case and it can be penalized as sending offensive messages and is punishable with upto 3 years imprisonment38. If the photo is obscene then there is an additional liability for 3 years imprisonment39.
38 39
Section 66A of the Information Technology Act Section 67 of the Information Technology Act
What kind of Facebook posts can land me in prison?

19. What kind of posts can land me in prison?

Before posting on Facebook, ask yourself one question - If this comment were about my family, or me, would I be offended? If your answer is yes, DO NOT post. At any cost, avoid the following posts, comments or messages. Do not like these posts or messages either. Do not ridicule anyone on Facebook - Government official, Minister, celebrity or even an ordinary person. Do not ridicule a religion on Facebook Do not refer to someone using derogatory terms such as corrupt, idiot, fat pig, ugly or worse.
Also
Do not open a Facebook account in a fake name. Do not open an account on Facebook using a celebritys name. Do not tag someone in an offensive photo. Do not post obscene photos / videos. Do not use abusive language on Facebook. Do not send threatening messages.
This ebook is a part of the FREE online course entitled Facebook Law in India
For details, visit: http://www.asianlaws.org/free.php
Issued in the public interest by:
www.asianlaws.org | info@asianlaws.org

Facebook Law in India

Transféré par

Informations du document

Copyright

Formats disponibles

Partager ce document

Partager ou intégrer le document

Options de partage

Avez-vous trouvé ce document utile ?

Ce contenu est-il inapproprié ?

Droits d'auteur :

Formats disponibles

Facebook Law in India

Transféré par

Droits d'auteur :

Formats disponibles

Facebook Law in India

Rohas Nagpal Asian School of Cyber Laws

Issued in the public interest by:

(c) 2012 Rohas Nagpal. All rights reserved.

(c) 2012 Rohas Nagpal. All rights reserved.

(c) 2012 Rohas Nagpal. All rights reserved.

(c) 2012 Rohas Nagpal. All rights reserved.

Is it legal to ridicule a Government official or Minister on Facebook?

1. Is it legal to ridicule a Government official or Minister on Facebook?

Dont do the crime if you cant do the time!

(c) 2012 Rohas Nagpal. All rights reserved.

Max Jail Time

Arrest warrant needed? No

Sending offensive electronic messages Indecent representation of women

2 years Rs. 2,000

(c) 2012 Rohas Nagpal. All rights reserved.

(c) 2012 Rohas Nagpal. All rights reserved.

(c) 2012 Rohas Nagpal. All rights reserved.

Is it legal to ridicule a celebrity or even an ordinary person on Facebook?

2. Is it legal to ridicule a celebrity or even an ordinary person on Facebook?

(c) 2012 Rohas Nagpal. All rights reserved.

Dont do the crime if you cant do the time!

2 years jail Unlimited Fine 3 years jail Unlimited Fine

Sending offensive electronic messages Indecent representation of women

2 years jail Rs. 2,000

(c) 2012 Rohas Nagpal. All rights reserved.

(c) 2012 Rohas Nagpal. All rights reserved.

(c) 2012 Rohas Nagpal. All rights reserved.

Is it legal to ridicule a religion on Facebook?

3. Is it legal to ridicule a religion on Facebook?

(c) 2012 Rohas Nagpal. All rights reserved.

Dont do the crime if you cant do the time!

3 years jail Unlimited Fine

3 years jail Unlimited Fine

(c) 2012 Rohas Nagpal. All rights reserved.

Promoting enmity on grounds of religion

Outraging religious feelings

Sending offensive electronic messages

(c) 2012 Rohas Nagpal. All rights reserved.

Is it legal refer to a politician as corrupt on Facebook?

4. Is it legal to refer to a politician as corrupt on Facebook?

Dont do the crime if you cant do the time!

Sending offensive electronic messages Defamation

3 years jail Unlimited Fine

2 years Unlimited Fine

(c) 2012 Rohas Nagpal. All rights reserved.

(c) 2012 Rohas Nagpal. All rights reserved.

(c) 2012 Rohas Nagpal. All rights reserved.

Is it legal to call someone an idiot on Facebook?

5. Is it legal to call someone an idiot on Facebook?

Dont do the crime if you cant do the time!

Sending offensive electronic messages Defamation

3 years jail Unlimited Fine

2 years Unlimited Fine

(c) 2012 Rohas Nagpal. All rights reserved.

(c) 2012 Rohas Nagpal. All rights reserved.

(c) 2012 Rohas Nagpal. All rights reserved.

Is it legal to call someone a fat pig on Facebook?

6. Is it legal to call someone a fat pig on Facebook?

Dont do the crime if you cant do the time!

Sending offensive electronic messages Defamation

3 years jail Unlimited Fine

2 years Unlimited Fine

(c) 2012 Rohas Nagpal. All rights reserved.