Drishti Kumar
Asked May 04, 2017

Defamation on blog

  • 1 Answer
  • 218 Views

I want to lodge a complaint against a defamatory blog written on wordpress by someone else.

Answer 1

You may file a criminal case for defamation directly as a complaint in the court under S. 499 of IPC[1]. S. 500 of IPC[2] lays down the punishment for defamation which extends to simple imprisonment for a term which may extend to two years, or with fine, or with both.

You may also initiate a civil suit against WordPress for compensation to the damage caused to your reputation by the blog. In case of a civil suit, no punishment would be issued against WordPress but it can be directed to provide monetary compensation for publishing such defamatory statement.

Moreover, the burden of proof i.e. the responsibility to prove the defamation lies on you. You need to prove that the blog was defamatory in nature and harmed your reputation. The onus, then, gradually shifts to the defendants, i.e., to WordPress.

 

[1] Available at: https://indiankanoon.org/doc/1041742/.

[2] Available at: https://indiankanoon.org/doc/1408202/.

Agree Comment 0 Agrees over 3 years ago

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