A Agartala e-commerce platform is refusing to remove a fake review defaming my business despite repeated requests. What now?
LA Asked by Lakshmi Menon from India
Quick Answer
File an FIR under Section 356 BNS, 2023 (defamation) and Section 79 IT Act, 2000 since the content was published through an intermediary.
Detailed Legal Analysis
File an FIR under Section 356 BNS, 2023 (defamation) and Section 79 IT Act, 2000 since the content was published through an intermediary. The platform loses safe harbour under Section 79(3) IT Act if it fails to act expeditiously on a complaint under IT Rules, 2021 within 24–36 hours.
Issue a legal notice and preserve the review, your complaint, and the platform's response as electronic evidence under Section 63B BSA, 2023. File a civil defamation suit for damages before the District Court in Agartala.
Report to the grievance officer and escalate to the Ministry of Electronics and IT. If the platform and police do not act, approach Tripura High Court under Article 226 for a direction.
Refer to Tripura Rent Control Act 1973 for any state-level intermediary or e-commerce rules.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.