A Amritsar blog posted false defamation about my business; how do I remove it?
AR Asked by Arjun Nair from India
Quick Answer
Online defamation is prosecuted under Sections 351(1) and 356 of the Bharatiya Nyaya Sanhita and Section 67 of the IT Act if the content is obscene.
Detailed Legal Analysis
Online defamation is prosecuted under Sections 351(1) and 356 of the Bharatiya Nyaya Sanhita and Section 67 of the IT Act if the content is obscene. Send a legal notice to the blogger and the hosting platform seeking removal within a fixed period, and follow up with an FIR at the Amritsar police station if the post is not withdrawn.
The IT Rules, 2021 require intermediaries to take down defamatory content within 24 hours of a complaint. The Punjab and Haryana High Court can grant a John Doe injunction restraining further publication and direct the search engines to de-index the offending URLs.
Punjab Rent Control Act 1995 does not change the substantive law of defamation, which is central, but the local court in Amritsar has territorial jurisdiction where the post is accessible. Preserve the URL, screenshots and the WHOIS data of the domain before the post is edited or removed.
Claim damages for the loss of business reputation caused by the post.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.