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CYBER DEFAMATION - BY N.LALITHA SREE

MEANING AND SCOPE OF CYBER DEFAMATION
Treating messages on the net as transmission from one place to another had created a quandary for those concerned about liability for defamation. Message may transmitted between countries with very different laws and liability may be imposed on the basis of publication in multiple jurisdictions with varying standards. In contrast, the approach that treats the globally networks as a separate space would consider any allegedly defamatory message to have been published only on the net or in the same distinct subsidiary area thereof at least until such time as distributed on paper occurs. This characterization makes more sense. A person who uploads a potentially defamatory statement would be able more readily to determine the rule applicable to his own actions. Moreover, because the net has distinct characteristics including an enhance ability of the allegedly defamed person to reply, the rules of defamation developed for the net could take into account. These technological capabilities perhaps by requiring that the opportunity for reply to taken advantage of in lieu of monetary compensation for certain defamatory net based messages. The distinct characteristics of the net could also be taken into account when applying and adapting the public figure doctrine in a context that in both global and highly compartmentalized and that blurs the distinction between private and public space.
ILLUSTRATION
In general we called defamation as defaming others. Assume, Mr.X used wrong words about Mr.Y’s character to Mr.Z, where Mr.Y is a good and well famed person. In this way defaming other will be.
DEFAMATION - CRIME UNDER CRIMINAL LAW IN PHYSICAL WORLD
Assume ‘A’ spread fake news which causes damage about a company’s good will to third party at large through proper channel. So that the company’s fame and reputation were damaged. This is the crime under criminal law in physical world.
THE QUESTION OF DEFAMATION ARISES IN CYBER SPACE IS THE MAIN CONCEPT (DOES IT OCCURS OR NOT)?
IN PHYSICAL SPACE
Defamation in cyber space occurs when ‘A’ defamed ‘B’ with himself through E-Mail that there is no third party intervention. We think there is no third party intervention but when we see from cyber space there is third party intervention.
IN CYBER SPACE
Here the third party can’t be seen through physical world but can be visible through cyberspace. Nothing but the channel they used to communicate.
Third party are : 
· the network used by ‘A’ will have the data
· the network used by ‘B’ will have the data
· the channel ‘A’ used to reach ‘b’ is through E-Mail i.e., Google will have the data
if these A & B uses any other routers (wifi) either public or private. They will have the data with them. If there persons uses anyone’s personal router (hotspot) those network service providers will have the data. So finally 8 parties indirectly will have the defamed data with them. So, without publishing directly as like in physical space here defamatory statement made by ‘A’ to ‘B’ is known to those network persons indirectly. Now we can say that defamation is possible through cyberspace and it is a cyber crime under section 469 of Indian Penal Code. Even though if defamed data erase by these communicated persons from their devices or such then we can know the person who stated defamatory statement against another person at any time with the help of his I.P. address used by them with the help of IT Act 2000. Section 66A of IT Act 2000 provides punishments for cyber defamation. So by having strong offline and online laws we can regulate cyber crimes.

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