Cyber defamation and cyber smearing
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Transcript of Cyber defamation and cyber smearing
CONCERNS AND RISKSBy taking action against an individual, the
business risks being perceived as a bully out to stifle any criticism
The defendant may file a counterclaimEven if the lawsuit succeeds, an individual
defendant will likely lack the resources to pay a judgment of any significance
SMC Pneumatics (India) Pvt. Ltd. v. Jogesh Kwatra
In India's first case of cyber defamation, a Court of Delhi assumed jurisdiction over a matter where a corporate’s reputation was being defamed through emails and passed an important ex-parte injunction
State of Tamil Nadu Vs Suhas Katti
The case related to posting of obscene, defamatory and annoying message about a divorcee woman in the yahoo message group.
E-Mails were also forwarded to the victim for information by the accused through a false e-mail account opened by him in the name of the victim.
CELEBRTIY CYBER DEFAMATION CASES
Celebrities generate significant public attention and discussion
Defamation law is clear that individuals are held to the same standard for what they say online as offline, but as of yet there have been no known lawsuits that have proceeded through the legal system for online libel
Courtney Lovev/s Dawn Simorangkir
v/s Rhonda Holmes
CONCLUSIONSuccess in any field of human activity leads to
crime that needs mechanisms to control it
Cyber space creates moral, civil and criminal wrongs
Courts are wise to be mindful of the precedential effects of any rulings they make, so as to not provide incentive for individuals to file petty lawsuits in the hopes of obtaining a large judgment