Facebook is a single word
that has the potential to strike up millions of things in the human mind. Undoubtedly,
this is amongst the many impacts made by this social network, which has
completely revolutionized how people communicate these days.The Good, Bad…
However, the overindulgence and dependency of people today on Facebook, has also led to and revealed a darker side of the fun filled social media! Therefore, just like any other technological innovation, Facebook has also had its share of appreciation and criticism. Though, the latter was received, in a quantity larger than the former.
And The Ugly!
The most common, illegal
activity taking place on Facebook is, young children lying about their genuine
age just to be a part of the most talked about social media. This ratio was
estimated to be 7.5 million and counting as per the year 2012.
Besides this, a multitude
of other unreported cyber-criminal activities takes place on Facebook every
hour. And this has resulted in, increasing the ratio of cybercrimes like; scam,
cyber bullying, stalking, defamation, identity theft, harassment, etc., since
the launch of Facebook.
The Laws of Facebook
Some Commonly Used Terms
A. Sedition
Whoever, whether by words,
written or spoken, in signs, visible depiction, or otherwise, brings or tries to
bring into contempt or hatred, or agitates or attempts to agitate estrangement
from, the Government constituted by the Indian Law, shall either be punished
with life imprisonment to which a fine may possibly be added, or with up to
three years extendable imprisonments with fine or likely to be added.
Exceptions
Comments that express
intense disapproval towards someone/something, don’t add up as an act of
sedition, if they:
1 Express, a view of obtaining their modification by lawful means
2 Don’t excite or attempt on exciting contempt, hatred, or disaffection
B. Defamation
The offense of online defamation
is considered as an act of insulting, defaming, offending, or causing scathe
via false statements, concerning a person on the cyberspace.
A reputation is considered
to be harmed if the photo, comment, or the visual depiction acts in the following
manner with respect to others:
1. Depreciates the intellectual or moral character of the individual
2. Depreciating a person’s character in regard to his profession or cast
3. Depreciates a person’s honor
4. Making it believable that the addressed person’s body is in a disgraceful condition
C. Sending Electronic Contents That Are Offensive
The Information Technology
Act penalizes sending electronic messages that are offensive, under its section
66A. This section covers the following types of posts:
1 Posts that cause anger, resentment, displeasure or are grossly unpleasant in any manner.
2 Posts that threaten or are intimidating
3 A Post containing information which is fake and is sent with the purpose of instigating criminal intimidation, hatred, danger, annoyance, insult, enmity, injury, inconvenience, obstruction, ill will, or danger.
4 Messages or posts sent to purposefully cause inconvenience or annoyance.
5 Messages or posts sent for misleading or deceiving the source of messages.
D. Indecent Representation of Women
“Indecent Representation of Women” implies to the depiction of a
woman’s figure or body in a way, that is considered to be indecent, denigrating,
derogatory, or against the morality of the public.
Comments, posts, pictures,
etc., that represent women indecently; are punishable under the Indecent
Representation of Women (Prohibition) Act, Section 6.
E. Forgery
Creating an account on
Facebook in someone’s name or a fake name, accounts to, developing a fake
electronic record which is punishable under the Indian Penal Code Section 464.
Since the account creation
was done with a purpose for entering into a contract with the Facebook, this
amount to counterfeit under the Indian Penal Code Section 464.
Section 464 applies to
situations where a fake account was created with reasons that include any of
the following:
1. With the intent of causing injury or damage to the public
2. With the intent of causing harm or damage to a person
3. To enter a contract
4. With the intent of committing a fraud
F. Forgery With the Purpose of Harming a Reputation
The Indian Penal Code
Section 469 is penalized if a forge account is created on Facebook with the
purpose of hurting someone’s reputation.
G. Posting Obscene Photo/Video
For being considered
obscene for the purpose of Information Technology Act Section 67, the subject
must at least satisfy any one condition listed below:
1. It must be apt to excite lust, or
2. It must awaken interest in lustful feelings, or
3. It must cause an individual to turn into a morally bad person
The conditions listed
above must be fulfilled in respect of an individual who is the potential target
of the content.
Exceptions are regarded,
if the content of the posted media is done for public benefit in the concern of
literature, science, learning, art, or with any other general objective.
Further, exceptions are provided also, when the content kept or taken into use
for religious purposes or bona fide heritage.
H. Photo/Video Depicting A Sexually Explicit Act
The Information Technology
Act Section 67A penalizes the publishing or transmission of content consisting
of sexually explicit behavior in electronic form.
Exceptions will be
provided, if the content serves for the public good in the interest of art,
science, literature, learning, or with any objectives having general concern.
Additionally, such cases are considered in exception if the content is kept / used
for bona fide heritage or with religious intentions.
I. Photo/Video Depicting Children in Sexually Explicit Act
Information Technology Act
Section 67B penalizes publish or transmission of such media with content
portraying children involved in a sexually explicit act, in electronic form.
According to the law, the
word ‘children’ refers to a person who hasn’t yet completed 18 years of age.
The section 67B penalizes
under the following conditions:
Also, exceptions will be
provided for content kept for bona fide heritage or with religious aims.
1.1 RIDICULING A GOVERNMENT OFFICIAL OR MINISTER
Being displeased of the
government and its policies doesn’t give you the authority to ridicule them
publicly on Facebook.
Committing such a thing is
considered to be a serious criminal offense that could land the offender in imprisonment
for life (till death). Ridiculing or marking sarcasm over a Minister or any
other Government official, on Facebook could be charged under the following
legal philosophies:
1. Sedition
2. Defamation
3. Sending electronic contents that are offensive
In addition to that, if
the complaining official or Minister happens to be a woman, then the act could
also be covered under the indecent representation of women.
Acts
Included
Posts, comments, messages
(text / image), etc., done on Facebook, along with sharing or liking of such
posts are considered to make someone an offender.
Laws
Applied
• Indian Penal Code Sections: 124A and 499
• Section 66A under the IT Act
• Sections 3 & 4 under Indecent Representation of Women (Prohibition) Act
Elaboration
Sedition
Please
refer “Some Commonly Used Terms”
section, Point A.
Defamation
Please refer “Some Commonly Used Terms”
section, Point B.
Sending Electronic
Messages That Are offensive
Please refer “Some Commonly Used Terms”
section, Point C.
Indecent Representation of
Women
Please refer “Some Commonly Used Terms”
section, Point D.
Other Facts
1. Not only an individual or personality, but even a company, institution, or colleges can be defamed.
2. Even commenting with sarcasm can add up to defamation.
1.2 RIDICULING A PERSONALITY OR ANY INDIVIDUAL
Everybody has an opinion
of their own about people they know personally or otherwise. But sharing an
opinion in a disrespectful manner, publicly, on a platform like Facebook is
considered illegal.
Committing to such an activity
directing to, a celebrity or an individual, whomsoever, can land the offender
in jail for up to 3 years.
Acts like these are
illegal under the laws listed below:
1. Defamation
2. Sending electronic messages that are offensive
In addition to that, if
the victim happens to be a woman, the activity is liable to be covered under ‘Indecent Representation of Women’
Acts
Included
Comments, posts, messages,
on Facebook or ‘sharing/liking’ of such posts; could lead a person into
trouble.
Laws
Applied
• Indian Penal Code: Section 499
• Information Technology Act: Section 66A
• Indecent Representation of Women (Prohibition) Act: Section 3 and 4
Elaboration
Defamation
Please refer “Some Commonly Used Terms”
section, Point B.
Sending Electronic
Messages That Are Offensive
Please refer “Some Commonly Used Terms”
section, Point C
.
Indecent Representation of
Women
Please refer “Some Commonly Used Terms”
section, Point D.
1.3 CONTEMPT OF A RELIGION
Ridiculing a religion on
Facebook is considered as one of the most severe offenses and could end up
imprisoning the offender for up to 3 years. The act is regarded illegal under
the laws listed below:
1. Promotion of enmity on the basis of religion
2. Infuriating religious beliefs
3. Injuring religious feelings
4. Sending electronic messages that are offensive
5. Statements or declarations that are prejudicial to national integration
Acts
Covered
Posts, comments, or,
messages on Facebook or liking/sharing of such posts is sufficient to get you
into trouble.
Laws
Applied
• Indian Penal Code: Sections 153A, 295A, and 298
• Information Technology Act: Section 66A
Elaboration
Promotion of Enmity On The
Basis Of Religion
A post, comment, cartoon,
or photo, etc., that purposefully does the promotion of conflicts or feelings
of hatred, enmity, or ill will between distinct racial, religious, regional
groups, language, communities, or castes; is liable to be penalized under the
Indian Penal Code, Section 153A.
Acts that are prejudicial
to the preservation of harmony between the different types of races, religions,
languages, religious groups, communities or castes, are penalized under this
section. In addition to this, the section is also liable to penalize the acts
that disturb or are likely to cause any disturbances in public tranquility.
Infuriating Religious
Beliefs
A photo, comment, post,
cartoon, etc., which infuriates religious feelings of any class of Indian citizen
is liable to be penalized under Indian Penal Code, Section 295A.
This IPC Section is also
liable to penalize any such Facebook update/activity that disrespects or
attempts to offend religious beliefs or any religion itself for a class of
Indian citizens.
Injuring Religious
Feelings
Any activity/update on
Facebook which is made with the purpose of hurting any person’s religious
beliefs / feelings is punished under the Indian Penal Code, Section 298.
Also, the Information
Technology Act, Section 66A is applicable to such cases as; sending
electronic messages that are offensive.
1.4 ACCUSING A POLITICIAN; FALSELY OR OTHERWISE
A politician cannot be
accused publicly on Facebook, of corruption or cases whatsoever; unless he/she
has been found & proven guilty for their offense, by a court of law.
Committing such an activity is considered a severe offense by the law and
punishable by 3 years of imprisonment.
Accusing a politician for
committing an offense, for which they haven’t been found & proven as guilty
for, by a court of law; is a punishable offense under the laws stated below:
1. Defamation
2. Sending electronic messages that are offensive
Acts
Covered
The acts that can get you
in trouble include; comments, posts, messages, etc., along with “liking/sharing” of such activities on
Facebook.
Laws
Applied
• Indian Penal Code: Section 499
• Information Technology Act: Section 66A
Elaboration
Defamation
Please refer “Some
Commonly Used Terms” section, Point B.
Sending Electronic
Messages That Are offensive
Please refer “Some
Commonly Used Terms” section, Point C.
1.5 ADDRESSING SOMEONE DISRESPECTFULLY
Many do it for fun, but
the law considers addressing someone disrespectfully, a seriously offensive
activity for which the accused could land in jail for up to 3 years.
Let’s take the example of a
term very commonly used for impolitely addressing someone; Idiot. Going by the
dictionary meaning; Idiot means “a person
of low intelligence” or one who is “mentally
deficient”.
Since, it isn’t quite
possible to prove if a person is really an “idiot”. Thus, referring to someone
with such disrespectful terms is considered a punishable offense under the
following two laws:
1. Defamation
2. Sending electronic messages that are offensive
Acts
Covered
Posting such a
contemptuous message, comment, etc., as well as “sharing/liking” them can land
a person in huge trouble.
Laws
Applied
• Indian Penal Code: Section 499
• Information Technology Act: Section 66A
Elaboration
Defamation
Please refer “Some
Commonly Used Terms” section, Point B.
Sending
Electronic Messages That Are offensive
Please refer “Some
Commonly Used Terms” section, Point C.
1.6 RIDICULING SOMEONE’S PHYSICAL APPEARANCE
Everybody has got a
physical appearance different from the other. However, that clearly does not
give anyone the permission to ridicule someone on the basis of their physical
appearance, whatsoever.
Doing this is a severe offense
and could result in imprisoning the offender in jail for up to 3 years.
According to a normal
Indian context, ridiculing someone on the basis of their physical appearance
may cause it to be assumed that the individual’s body is under a disgraceful or
loathsome condition. Thus, the act would be considered punishable under the
following laws:
1. Defamation
2. Sending electronic messages that are offensive
Acts
Covered
Activities that involve
posting, commenting, or even liking/sharing, such posts are liable to be
considered as a punishable offense and could possibly land the accused person
in trouble.
• Indian Penal Code: Section 499
• Information Technology Act: Section 66A
Elaboration
Defamation
Please refer “Some
Commonly Used Terms” section, Point B.
Sending
Electronic Messages That Are offensive
Please refer “Some
Commonly Used Terms” section, Point C.
1.7 REFERRING SOMEONE DISRESPECTFULLY
Referring someone
disrespectfully, however, is a serious punishable offense and could possibly
land the accused in jail for 3 years.
Similar to disrespecting
someone on the basis of their physical appearance, referring to someone in a discourteous
manner (something like; ugly pimples) causes it to be regarded as a person
having their body/appearance in a disgraceful or repugnant condition, which is
punished under the following laws:
1. Defamation
2. Sending electronic messages that are offensive
Acts
Covered
Activities on Facebook
involving messages, posts, or comments, etc., along with liking/sharing of such
posts could get the offender into trouble.
Laws
Applied
• Indian Penal Code: Section 499
• Information Technology Act: Section 66A
Elaboration
Defamation
Please refer “Some
Commonly Used Terms” section, Point B.
Sending
Electronic Messages That Are offensive
Please refer “Some
Commonly Used Terms” section, Point C.
1.8 PUBLICLY POSTING COMPLAINT AGAINST A LEGAL ISSUE
Ordering something online
from notable eCommerce websites and reporting the delivery issues on Facebook
wall is absolutely legal, however, under certain conditions.
Always remember to take
note of the points listed below while making such a post:
1. State only the facts of your issue/inconvenience caused
2. Ensure that no sarcastic statements are made in the process
1.9 ABIDING BY THE CONSTITUTION OF INDIA
The laws of Facebook, in
no manner, violate the Constitution of India.
According to Article 19 of
The Constitution of India, gives all citizens of India the right to freedom of
speech & expression.
In addition to that, The
Constitution of India also permits the Government to create laws that enforce “reasonable
restrictions” on this fundamental right on account of the following reasons:
1.10 OPENING AN ACCOUNT WITH A FAKE NAME
Creating an account with a
fake username (or, using someone’s name) is a serious criminal offense for
which the account holder is liable to be imprisoned for 2 years.
The liability can extend
up to 3 more years in jail, if the account holder posts any comment, sends a
friend request, or send just one message using the fake account.
Acts
Covered
• Only the creation of an account with a fake name or in someone’s name (without their knowledge or consent) extents to forgery.
• In addition to that, if the account creation purpose was to harm someone’s reputation, at that point it is considered as ‘forgery with the purpose of harming a reputation’.
• Further, if this account is used in any activity, it is then observed as ‘sending electronic messages that are offensive’.
Laws
Applied
1. Indian Penal Code: Section 465 & 469
2. Information Technology Act: Section 66A
Elaboration
Forgery
Please refer “Some Commonly Used Terms”
section, Point E.
Forgery With the Purpose
of Harming a Reputation
Please refer “Some Commonly Used Terms”
section, Point F.
Sending Electronic
Messages That Are offensive
Please refer “Some Commonly Used Terms”
section, Point C.
1.11 OPENING AN ACCOUNT USING A CELEBRITY’S NAME
Such an activity is
considered as a severe offense and only the creation of an account using a
celebrity’s name holds the accounts bearer liable to imprisonment of 2 years.
In addition to that, if
the creator sends a message, posts a comment, or even send one friend request
via the account created in the name of a celebrity, then the consequence of it
will be an additional 3 years of imprisonment.
Acts
Covered
• Creating a profile using a celebrity’s name, accounts under the offense of ‘forgery’.
• Moreover, if the account is used, that will amount to ‘sending electronic messages that are offensive’.
• Further, when the account is found to be created with the purpose of hurting a respective celebrity’s reputation, then the act will amount to ‘forgery with the purpose of harming a reputation’.
Laws
Applied
• Indian Penal Code: Section 465 & 469
• Information Technology Act: Section 66A
Elaboration
Forgery
Please refer “Some
Commonly Used Terms” section, Point E.
Forgery With
the Purpose of Harming a Reputation
Please refer “Some
Commonly Used Terms” section, Point F.
Sending
Electronic Messages That Are offensive
Please
refer “Some Commonly Used Terms” section, Point C.
1.12 TAGGING SOMEONE ON AN OFFENSIVE PHOTO
Tagging someone without their consent, on an offensive
photo is a punishable offense. And the responsible person is liable to be
imprisoned for 3 years in jail. Such an activity amounts to sending electronic
messages that are offensive.
Law
Applied
• Information Technology Act: Section 66A
Elaboration
Sending
Electronic Messages That Are offensive
Please refer “Some
Commonly Used Terms” section, Point C.
1.13 POSTING OBSCENE MEDIA ON THE WALL OR PAGE
Posting an obscene or
offensive media (photo or video), is an activity that makes you liable for 3
years of imprisonment.
Acts
Covered
Additionally, if the
photo/video consists of sexually explicit content, then the liability extends
up to 5 more years in jail.
Moreover, if the posted
media consist of a sexually explicit act involving children, then a liability
of 5 more years of imprisonment is applicable.
Laws
Applied
• Information Technology: Sections 67,67A &67B
Elaboration
Posting
Obscene Photo/Video
Please refer “Some
Commonly Used Terms” section, Point G.
Photo/Video
Depicting A Sexually Explicit Act
Please refer “Some
Commonly Used Terms” section, Point H.
Photo/Video
Depicting Children In Sexually Explicit Act
Please refer “Some
Commonly Used Terms” section, Point I.
1.14 FILING CASE AGAINST SOMEONE’S OBSCENE PHOTO VISIBLE IN FEED
1.14 FILING CASE AGAINST SOMEONE’S OBSCENE PHOTO VISIBLE IN FEED
An obscene photo posted by
someone even on their own wall, if visible to you in your account feeds,
violates the law and is a serious offense which is liable for imprisonment up
to 3 years.
However, if the media
(photo/video) consists of sexually explicit act, the offender is then liable to
be imprisoned for 5 more years.
Moreover, if such
photo/video consists of sexually explicit acts involving children makes the
offender liable to an extra 5 years of imprisonment.
Laws
Applied
• Information Technology Act: Section 67, 67A, and 67B.
Elaboration
Posting
Obscene Photo/Video
Please refer “Some
Commonly Used Terms” section, Point G.
Photo/Video
Depicting A Sexually Explicit Act
Please refer “Some
Commonly Used Terms” section, Point H.
Photo/Video
Depicting Children In Sexually Explicit Act
Please
refer “Some Commonly Used Terms” section, Point I.
1.15 USING ABUSING LANGUAGE IN POSTS
Usage of abusive language
in a comment, post, whatsoever, is considered a serious crime and a liability
of 3 years in jail is created.
Laws
Applied
• Information Technology Act: Section 66A
Elaboration
Sending
Electronic Messages That Are offensive
Please
refer “Some Commonly Used Terms” section, Point C.
1.16 USING ASTERISK MARKS INSTEAD OF DIRECT ABUSE
Abusing directly or otherwise is an offense. If you
use asterisk marks instead of directly spelling the abusive word, it is still
considered an offense. However, the meaning must be apparent (e.g. rather than
FOOL, you say F**L). The offense is punishable with 3 years of jail.
Laws
Applied
• Information Technology Act: Section 66A
Elaboration
Sending
Electronic Messages That Are offensive
Please
refer “Some Commonly Used Terms” section, Point C.
1.17 SENDING SOMEONE A THREATENING MESSAGE
Sending someone a
threatening message on Facebook is an offensive act and can be penalized as
sending electronic messages that are offensive and a liability of up to 3 year
in jail is created.
Also, based on the threat
in the message, an additional penalty can vary from imprisonment of 2 years to
7 years in jail.
Moreover,
in case the threatening text is sent from a fake account (or in any way that was
attempted with the purpose of hiding name/sender details), then an additional
punishment of 2 years in jail, may apply.
Laws Applied
• Information Technology Act: Section 66A
• Indian Penal Code: Section 506 & 507
Elaborate
Sending
Electronic Messages That Are offensive
Please
refer “Some Commonly Used Terms” section, Point C.
Sending Threatening
Messages
Sending threatening text
messages to someone on Facebook may be regarded as “criminal intimidation” as
per the Indian Penal Code Section 503.
The section is applied
when someone is threatened by, in the form of:
1. Physical harm
2. Damage of reputation
3. Damage of property
The threat does not
necessarily need to be directed at the victim. But, such an act will be taken
into consideration as an act of violence if a person in relation with the
victim; as a friend, family, or employee, etc., is affected in the process.
This IPC Section is
applied if a threat is purposed to alert or force the victim in order to either
do something or omit doing something.
NOTE: Sending
a proper legal notice to someone wouldn’t be considered as a criminal
intimidation, even though the notice impends to threaten taking legal action
against an individual’s property.
Sending Serious Threats
The Indian Penal Code
Section 506 covers this activity and is applied in case the threat causes:
1. Grievous hurt,
2. Death,
3. Murder,
4. Destructing a property by fire,
5. Rape,
6. Maligning the character of a woman,
7. Dacoity, etc.
Such consequences are
liable to punish the offender with imprisonment of either description for a
period (extendable to 7 years) or with fine or both.
Sending Threatening
Messages from a Fake Account
In case a threatening
messages has been sent from a fake account (any manner that hides the
name/details of the sender), it is dealt under Indian Penal Code Section 507.
1.18 FILING A CASE ON SOMEONE’S BEHALF
An offensive message,
post, or photo, whether found unpleasant by the victim or not, if offends
someone in relation with them, may be penalized as “sending electronic messages
that are offensive” and will be punishable with imprisonment in jail for up to
3 years.
If by any chance, the
photo appears to be obscene, an additional 3 years of imprisonment may apply.
Laws
Applied
• Information Technology Act: Section 66A & 67
1.19 POSTS THAT CAN LAND YOU IN PRISON
Before you post anything
on Facebook, simply ask yourself this one question:
“If this comment/photo/post were related to me or my family, would I be
outraged?”
If the answer is yes, do not proceed.
Kindly, avoid the
following types of posts/messages/comments and also ensure not to even like or
share them as well.
• Ridiculing someone on Facebook – Minister, Government Official, a Celebrity, or an ordinary person, whatsoever.
• Disrespecting a religion on Facebook.
• Usage of derogatory terms to refer to someone – idiot, corrupt, ugly, fat pig, or anything much worse.
Also, make sure you:
• Don’t create any Facebook account using a fake name.
• Don’t create a Facebook account using a celebrity’s name.
• Don’t tag anyone in an offensive or obscene photo / video.
• Don’t post an obscene or offensive photo / video.
• Don’t make use of abusive language on Facebook, referring to someone or otherwise.
• Don’t threaten anyone on Facebook through message, post, comment, etc.
1.20 THE LEVEL OF ONLINE CRITICISM ALLOWED
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