Monday, May 2, 2011

Cyber Crimes and Cyber Laws in India (Part 1)

This blog post is first of the technical awareness series. It basically aims to create technical awareness. For past 20 days, I have been researching many websites and articles on Cyber Crimes and Cyber Laws in India. This article is a result of all those efforts. Please understand, that this article is a general one and based on my understanding of the various articles on Cyber Laws on the Web. It is not meant to be used a guide, its just about general awareness. Links to the websites are available for further reference.

According to my experience, people in India tend to believe that India does not have any Cyber Laws. As I can see on the websites, of Cyber Cells of Kerala Police, Maharasthra Police, CBI etc, we do have lots of Laws, we are not just aware about them.

The use of Social Networking has its effects. Many tend to believe that they can post anything about anyone. People also post many photos violating Facebook's policies. You can only upload photos if its yours or you have the permissions of your friends.

For more information on the same, please visit the following pages-

One of most wide-spread cyber-crime is Defamation. The Sangli police website clearly states laws regarding defamation- "This occurs when defamation takes place with the help of computers and / or the Internet. E.g. someone publishes defamatory matter about someone on a website or sends e-mails containing defamatory information to all of that person's friends."

Also from Lawyers Club India we get - "Defamation can be understood as the intentional infringement of another person's right to his good name. It is the wrongful and intentional publication of words or behavior concerning another person, which has the effect of injuring that person's status, good name, or reputation in society. Libel is written defamation and slander is oral defamation. The primary difference is that in libel, damages are presumed, whereas in slander actions, unless the slander falls into a certain category, called slander per se, the plaintiff must prove actual or quantifiable damages.

A person's good name can only be damaged if maligning statements are made to someone other than that person; that is, the defamatory statement must be disclosed to a third person, thereby satisfying the requirement of publication.....

Thus the law of defamation places a heavy burden on the defendant. All that a plaintiff has to prove, in a defamation action, is the publication of defamatory matter. The onus then lies on the defendant to prove innocence. Once again, most people are unaware of this burden."

Will continue with more in Part 2 :)

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