Matrix Of Defamation In The Age Of Information Technology & The Law: A Critical Analysis

Dr. Vishal Mahalwar, Assistant Professor of Law, National Law University, Delhi

ABSTRACT

In order to understand Cyber Defamation, we need to analyze the fundamental Rights which have been enumerated in Part III of the Constitution of India, 1950. We have observed that Cyber Defamation is not limited to Libel. In the age of Information Technology, the mode of crime has been transformed. Cyber Defamation is not only considered as a subject matter of Tort, in fact, converted into criminalization. Fixing the liability of defamation has become a difficult task due to the emergence of Internet. In this paper, a modest attempt has been made to figure out the potential liability of Internet Service Providers in the context of Cyber defamation cases. The researcher has taken the reference of Criminal law i.e., the Indian Penal Code for a better understanding of Cyber Defamation. The liability of anyone for cyber defamation depends upon different kinds of publications whether it is Primary publications or Secondary Publications. The researcher has tried to find out the liability for Cyber defamation in the context of the Information Technology Act 2000 as well. The scope of cyber defamation may be determined by the nature of wrong i.e., tort or crime. The researcher has also tried to examine the defense generally taken in action against cyber defamation. Lastly, Jurisdictional Issues have also been analyzed.

Keywords: Cyber Defamation, Information Technology, Liability, Law of Torts, Internet Service Provider, Jurisdiction