facebook law in india

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.

2

Published in 2013 by Asian School of Cyber Laws

Copyright © 2013 by Rohas Nagpal. All rights reserved.

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Table of Contents

1. Is it legal to ridicule a Government official or Minister on Facebook? ......................... 6 2. Is it legal to ridicule a celebrity or even an ordinary person on Facebook? ............. 12 3. Is it legal to ridicule a religion on Facebook? ...................................................................... 16 4. Is it legal to refer to a politician as “corrupt” on Facebook? ......................................... 20 5. Is it legal to call someone an “idiot” on Facebook? .......................................................... 23 6. Is it legal to call someone a “fat pig” on Facebook? ......................................................... 27 7. Is it legal to refer to someone as having “ugly pimples” on Facebook? .................... 30 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? ........................................... 34 9. Do the Facebook related laws violate the Constitution of India? ................................ 36 10. Is it legal to open a Facebook account in a fake name? ............................................... 38 11. Can I use my favourite celebrity’s name and open an account on Facebook? ..... 42 12. Someone has tagged me on an offensive photo. Is that legal? .................................. 46 13. Is it legal to post obscene photos / videos on my wall or page? ............................... 48 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”? .................................................. 52 15. Is it legal to use abusive language in posts? ..................................................................... 56 16. If I use asterisk marks instead of abusive words, can I still get into trouble? ........ 58 17. Someone has sent me a threatening message on Facebook. Is that a crime? ...... 60

4

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? ..... 66 19. What kind of posts can land me in prison? ....................................................................... 68 20. Is there a level to which online criticism is allowed or can anything offensive land me in jail? ............................................................................................................................................ 70

5

Is it legal to ridicule a

Government official or

Minister on Facebook?

No

6

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.

What’s covered? Facebook posts, messages, comments etc. Even “liking” or “sharing” these posts could get a person into trouble.

Don’t do the crime if you can’t do the time!

Offence Max Jail Time Arrest warrant needed?

Bailable?

Sedition Life imprisonment Unlimited Fine

No No

Defamation 2 years Unlimited Fine

Yes Yes

Sending offensive electronic messages

3 years Unlimited Fine

No Yes

Indecent representation of women

2 years Rs. 2,000

Yes Yes

1 Section 124A of the Indian Penal Code 2 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

7

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 person’s 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 person’s 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

8


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.

9

Some Cases

Two Air India cabin crew members were arrested and jailed for 12 days for posting “derogatory” remarks against the Prime Minister’s 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)

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)

Ambikesh Mahapatra, a Chemistry professor at Jadavpur University,

was arrested for forwarding a cartoon featuring the West Bengal CM MamataBanerjee. (April 2012, India)

Jaya Vindyala, a lawyer and president of the Andhra Pradesh unit of

People's Union for Civil Liberties, was arrested for her comments against A Krishnamohan, a Congress MLA from Chirala in Prakasam district. Ms Vindyala had accused the MLA of being involved in child trafficking, ganja mafia, sand mafia and land mafia. (Hyderabad, India, May 2013)

11


celebrity or even an ordinary

person on Facebook?

No

12

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.



5 Section 499 of the Indian Penal Code 6 Section 66A of the Information Technology Act 7 Sections 3 and 4 of Indecent Representation of Women (Prohibition) Act

Offence Max Jail & Fine

Arrest warrant needed?

Bailable?

Defamation 2 years jail Unlimited Fine

Yes Yes


3 years jail Unlimited Fine

No Yes

Indecent representation of women

2 years jail Rs. 2,000

Yes Yes

13

The details




disgraceful state.

Did you know?



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:




messages.

14

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.

Some Cases

Adam Mann murdered his ex-wife, Lisa Beverley because she taunted him on Facebook by calling him "a joke". (USA, 2009)

Brian Lewis killed his wife, Hayley Jones after she changed her Facebook profile from "married" to "single". (USA, 2009)

Ms. Phoebe Prince, a school student committed suicide due to excessive cyberbullying that went on for months. She had been receiving abusive text messages and was being harassed on her Facebook wall. (Massachusetts, USA, 2010)

15


religion on Facebook?

No

16

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. Promoting enmity on grounds of religion8 2. Outraging religious feelings9 3. Wounding religious feelings10 4. Sending offensive electronic messages11 5. Imputations, assertions prejudicial to national-integration



8 Section 153A of the Indian Penal Code 9 Section 295A of the Indian Penal Code 10 Section 298 of the Indian Penal Code 11 Section 66A of the Information Technology Act



Bailable?

Promoting enmity on grounds of religion


No No

Outraging religious feelings 3 years jail Unlimited Fine

No No

Wounding religious feelings 1 year jail Unlimited Fine

Yes Yes



No Yes

Imputations, assertions prejudicial to national-integration


No No

17

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 tranquility.

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.




18


messages.

Case

Atul Mehta, a property dealer, was arrested for circulating jokes on Sikhs. He was booked for "hurting religious sentiments" and for sending "offensive electronic messages". (Amritsar, India, September, 2013)

19

Is it legal refer to a politician as

“corrupt”

on Facebook?

No

20

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:




12 Section 499 of the Indian Penal Code 13 Section 66A of the Information Technology Act



Bailable?



No Yes


Yes Yes

21

The details




disgraceful state.

Did you know?







messages.

22

Is it legal to call someone

an “idiot” on Facebook?

No

23

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:







Bailable?



No Yes


Yes Yes

24

The details




disgraceful state.

Did you know?







messages.

26

Is it legal to call someone

a “fat pig” on Facebook?

No

27

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

No.


In a normal Indian context, referring to someone as a “fat pig” may cause it to be believed that the person’s body is in a loathsome or disgraceful state. This would be punishable under two laws:







Bailable?



No Yes


Yes Yes

28

The details


A person’s reputation is harmed if the comment, photo, cartoon etc does the following in the estimation of others:


disgraceful state.

Did you know?

1. Even companies, colleges, organizations can be defamed. 2. Sarcastic comments can also amount to defamation





messages.

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)

29

Is it legal to refer to someone

as having “ugly pimples”

on Facebook?

No

30

7. Is it legal to refer to someone as having “ugly pimples” on Facebook?

No.


In a normal Indian context, referring to someone as having “ugly pimples” may cause it to be believed that the person’s body is in a loathsome or disgraceful state. This would be punishable under two laws:







Bailable?



No Yes


Yes Yes

31

The details




disgraceful state.

Did you know?







messages.

32

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

34

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.

35

Do the Facebook related

laws violate the

Constitution of India?

No

36

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. in the interests of the sovereignty and integrity of India, 2. in the interests of the security of the State, 3. in the interests of friendly relations with foreign States, 4. in the interests of public order, 5. in the interests of decency 6. in the interests of morality 7. in relation to contempt of court, 8. in relation to defamation or 9. in relation to incitement to an offence

37

Is it legal to open a Facebook

account in a fake name?

No

38

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 else’s 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 else’s 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 someone’s reputation, then it amounts to forgery for purpose of harming reputation22.

A Case

Ceri Shipman was jailed for creating and using fake Facebook accounts. These fake accounts were created in the names of two women who had been raped by her boyfriend, Jason Savage. She created these accounts to send false messages to herself. The messages claimed that the victims had made false allegations about the rape. (UK, March 2013)

20 Punishable under section 465 of the Indian Penal Code 21 Section 66A of the Information Technology Act 22 Section 469 of the Indian Penal Code

39


The details

Forgery Creating a facebook account in a fake name (or someone else’s 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



Bailable?

Forgery 2 years Unlimited Fine

Yes Yes



No Yes

Forgery for purpose of harming reputation


No Yes

40

Forgery for purpose of harming reputation When a fake account is created for the purpose of harming someone’s reputation then it is penalized by section 469 of the Indian Penal Code.





messages.

A Case

Fouad Mourtada, a 26-year-old engineer was arrested and later jailed in Morocco for posing as the king's younger brother on Facebook, the state news agency said. The charge against him was of "villainous practices linked to the alleged theft of the identity" of Prince Moulay Rachid. (Morocco, February, 2008)

41

Can I use my favourite

celebrity’s name and open an

account on Facebook?

No

42

11. Can I use my favourite celebrity’s name and open an account on Facebook?

No.

This is a serious offense and simply creating the account in a celebrity’s 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 celebrity’s 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 celebrity’s reputation, then it amounts to forgery for purpose of harming reputation25.


23 Punishable under section 465 of the Indian Penal Code 24 Section 66A of the Information Technology Act 25 Section 469 of the Indian Penal Code



Bailable?

Forgery 2 years Unlimited Fine

Yes Yes



No Yes

Forgery for purpose of harming reputation


No Yes

43

The details

Forgery Creating a facebook account in a celebrity’s 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 celebrity’s reputation then it is penalized by section 469 of the Indian Penal Code.





messages.

45

Someone has tagged me in an

offensive photo. Is that legal?

No

46

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.


The details





messages.

26 Section 66A of the Information Technology Act



Bailable?



No Yes

47

Is it legal to post obscene photos

/ videos on my wall or page?

No

48

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.


27 Section 67 of the Information Technology Act 28 Section 67A of the Information Technology Act 29 Section 67B of the Information Technology Act



Bailable?

Posting obscene photos / videos

3 years Rs 5 lakh

No Yes

Posting sexually explicit photos / videos

5 years jail Rs 10 lakh

No No

Posting photos / videos depicting children in a sexually explicit act


No No

49

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

50

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

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.

A Case

Carl Bielby was jailed for 22 months for setting up fake Facebook profiles to "groom" and target pre-teen girls. He sent several indecent messages to these girls. When he was arrested, the police recovered indecent videos, of a young girl, from his mobile phone (UK, October 2012)

51

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

52

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.


30 Section 67 of the Information Technology Act 31 Section 67A of the Information Technology Act 32 Section 67B of the Information Technology Act



Bailable?

Posting obscene photos / videos

3 years Rs 5 lakh

No Yes

Posting sexually explicit photos / videos


No No

Posting photos / videos depicting children in a sexually explicit act


No No

53

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

54

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

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.

55

Is it legal to use abusive language

in posts?

No

56

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.


The details 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:




messages.




Bailable?

Using abusive language in posts


No Yes

57

If I use asterisk marks instead

of abusive words, can I still get

into trouble?

Yes

58

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.


The details


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:




messages.




Bailable?

Using abusive language in posts


No Yes

59

Someone has sent me a

threatening message on

Facebook. Is that a crime?

Yes

60

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.

35 Section 66A of the Information Technology Act 36 Section 506 of the Indian Penal Code 37 Section 507 of the Indian Penal Code

61




Bailable?

Sending offensive messages


No Yes

Sending threatening message


Yes Yes

Sending serious threat message


Yes Yes

Message from fake account

2 years jail Yes Yes

62

The details





messages.

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 victim’s 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 person’s property.

63

Sending serious threat This is covered by section 506 of the Indian Penal Code and applies if the threat is to cause:

1. death, 2. grievous hurt, 3. destruction of any property by fire, 4. murder, 5. rape, 6. dacoity 7. 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.

Some Cases

Corey Christian Adams, a 19-year-old, tried to use Facebook to hire a contract killer to murder a girl who had accused him of rape. Amongst other things, he was jailed for criminal solicitation of murder. Some of the posts said "I got 500 on a girls head who wants that bread?", "Hit me up anyway possible", "needed this girl knocked off right now." (USA, 2010)

65

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

66

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 Section 66A of the Information Technology Act 39 Section 67 of the Information Technology Act

67

What kind of Facebook posts can

land me in prison?

68

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 celebrity’s 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.

Some Cases

Mark Musarella, a medical technician posted on Facebook, the photograph of the corpse of a strangled victim at a crime scene, while on duty. He was fired from his job, sentenced with 200 hours of community service and banned from ever becoming an emergency medical technician again. (New York, USA 2011)

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Is there a level to which

online criticism is allowed

or can anything offensive

land me in jail?

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20. Is there a level to which online criticism is allowed or can anything offensive land me in jail?

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.

Criticism is permitted 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.

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