Cyber defamation and cyber smearing

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CONCERNS AND RISKS By taking action against an individual, the business risks being perceived as a bully out to stifle any criticism The defendant may file a counterclaim Even if the lawsuit succeeds, an individual defendant will likely lack the resources to pay a judgment of any significance

Transcript of Cyber defamation and cyber smearing

Page 1: 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

Page 2: Cyber defamation and cyber smearing

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

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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.

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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

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Courtney Lovev/s Dawn Simorangkir

v/s Rhonda Holmes

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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