Cyber Law

Facebook Cyber Laws of India

 

What’s covered?

• Facebook posts

• Messages

• Comments etc. 

Even “liking” or “sharing” these posts could get a person into trouble.

 

1. Ridicule a Government official or Minister on Facebook

Ridiculing a Government official or Minister on Facebook could be illegal under the following laws: 

 -  Sedition (refers to spoken words, written words, photos, cartoons)

 -  Defamation (A comment that harms the reputation of a person)

 -  Sending offensive electronic messages

Section 124A (Sedition), 499 (Defamation) of the Indian Penal Code (IPC)

Section 66A (Sending Offensive Message) of the Information Technology Act

Sections 3 and 4 of Indecent Representation of Women (Prohibition) Act

2. Ridicule a celebrity or even an ordinary person on Facebook

Ridiculing a celebrity or ordinary person on Facebook could be illegal under the following laws: 

  -  Defamation (A comment that harms the reputation of a person)

  -  Sending offensive electronic messages

  

499 (Defamation) of the Indian Penal Code (IPC)

Section 66A (Sending Offensive Message) of the Information Technology Act (ITA)

Sections 3 and 4 of Indecent Representation of Women (Prohibition) Act

3. Ridicule a religion on Facebook

 -  Promoting enmity on grounds of religion8 (153A IPC)

 -  Outraging religious feelings9 (295A IPC)

 -  Wounding religious feelings10 (298 IPC)

 -  Sending offensive electronic messages11 (Section 66A ITA)

 -  Imputations, assertions prejudicial to national integration

4. Refer to a politician as “corrupt” on Facebook.

  

Unless the politician has been found guilty of corruption by the court of law

- 499 (Defamation)of the IPC

-    - Section 66A(Sending Offensive Message) of Information Technology Act (ITA) 

5. To call someone an “idiot” or “fat pig” or any abusive language on Facebook.

Or   If you  use asterisk marks etc instead of abusive words.

- 499 (Defamation)of the IPC

-    - Section 66A(Sending Offensive Message) of Information Technology Act (ITA)

 

6. I have ordered some stuff from a famous e-commerce 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:

- State only facts.

- Do not make any sarcastic statements.

 

7. It is not legal to open a Facebook account in a fake name or with any Celebrity name

- Simply creating the account in the fake name (or someone else’s name) amounts to forgery (IPC 465)

- If the account is used, then it amounts to sending offensive electronic messages (ITA Section 66A)

- Further  if  the  fake  account  was  created  for  the  purpose  of harming  someone’s  reputation,  then  it  amounts  to  forgery  for purpose of harming reputation (IPC 469)

 

8. Someone has tagged me on an offensive photo is an offense

 - Under ITA Section 66A 

 

9.  It is illegal to post obscene photos / videos on my wall/page or 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”

- This  is  a  serious  offense  and  makes  the  person  posting  the obscene photos / videos liable for 3 years imprisonment (ITA Section 67 )

- If the photos / videos contain a sexually explicit act, then an additional liability of 5 years imprisonment is created (ITA Section 67A)

If the photos / videos depict children in a sexually explicit act, then an additional liability of 5 years imprisonment is created (ITA Section 67B)

 

10. Sending someone a threatening message on Facebook. Or if you receive any such message then you can file a complaint against

- Sending threatening messages on Facebook can be penalized as “sending  offensive  messages”  and  is  punishable  with  upto  3 years imprisonment (ITA Section 66A)

- Additionally, depending upon the threat in the message, additional punishment could vary from 2 years imprisonment to 7 years imprisonment (IPC 506)

- 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 given (IPC 507)

11. 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?

 

- If her father finds it offensive, he can file a case and it can be penalized  as  “sending  offensive  messages”  and  is  punishable with up to 3 years imprisonment (ITA Section 66A)

  

- If the photo is obscene then there is an additional liability for 3 years imprisonment (ITA Section 67)

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12. What kind of posts, comment, likes, share can land you 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.