Defamation On Anonymous Social Media Platforms
- IJLLR Journal
- Jul 19
- 2 min read
Ashita Sharma, B.A.LL.B., Symbiosis Law School, Noida
INTRODUCTION:
The reputation is the social esteem of a person held by the society forming the fundamental asset which is invaluable than any other property and the advancement in technology has completely changed the nature and pattern of communication driving the way to a world driven by anonymous social media platforms which triggers the dissemination of defamatory statements that fabricates a peril that looms over a person’s identity with a mala-fide intention to lower down the reputation of an individual in the right thinking members of the society. The widespread audience and the immediacy of digital communication makes it conducive for the people to operate behind the social media platforms with an anonymous identity and escape the legal consequences causing an irreparable damage which transcends borders and is not confined by geography and access. Anonymity is a vital tool in protecting the free speech and expression on internet, but online anonymity has created significant problems within the tort of defamation by amplifying the potential damage by acknowledging the evolving scope for public discourse. Defamation is a felonious tort offering concurrent avenues for judicial redressal but in an era where a post can go viral in seconds and a tweet can reach millions in milliseconds, it is imperative to comprehend the intricate rationality in the tortious liability under defamation laws and the legal recourse to integrally protect the reputational dignity on an individual.
ISSUE:
The legal question that revolves around defamation under law of torts in coherence with the anonymous social media platforms is regarding the extent of liability of the people reacting to the anonymous posts along with the publisher of the defamatory statements on the social media platforms. Another legal doctrine that holds a prominent position in this matter is the Norwich Order. An analysis of this legal tool along with the product liability of the custom authorities to disclose the anonymous identity of the wrongdoer who passively facilitate the wrongdoing. Also, the judicial take of the courts over the misuse of generative artificial intelligence platforms by the anonymous users to disseminate defamatory statements and complexities associated with the tortious liability on the creator and user of the chatbot is another area of conflict.
