Facebook Law in IndiaRohas Nagpal Asian School of Cyber Laws This ebook is a part of the FREE online course entitled Facebook Law in India For details, visit: http://www.asianlaws.org/free.php Issued in the public interest by: www.asianlaws.org |
[email protected] (c) 2012 Rohas Nagpal. All rights reserved. Page | 1 Think before you post Before posting on Facebook, ask yourself one question. If this comment were about my family, or me, would I be offended? If your answer is yes, DO NOT post. (c) 2012 Rohas Nagpal. All rights reserved. Page | 2 copyrights. or its capitalization. Words that are known to have current trademark registrations are shown with an initial capital and are also identified as trademarks. websites and other information referred to in this book. database or documentation will not infringe any third party patents. express or implied either in respect of this book or the software. The information in this book is provided for informational purposes only and does not constitute legal advice. Page | 3 . in this book is not. however. (c) 2012 Rohas Nagpal.Published in 2012 by Asian School of Cyber Laws Copyright © 2012 by Rohas Nagpal. trademarks or other rights. Asian School of Cyber Laws makes no representations or warranties of merchantability or fitness for any particular purpose or that the use of licensed software. No investigation has been made of common-law trademark rights in any word. an expression of the publisher's opinion as to whether or not it is subject to proprietary rights. All rights reserved. nor is it to be regarded as affecting the validity of any trademark. By way of example. No part of this book may be reproduced or otherwise used without prior written permission from the author unless such use is expressly permitted by applicable law. All rights reserved. The inclusion or exclusion of any word. but not limitation. This book is provided "as is" and Asian School of Cyber Laws makes no representations or warranties. ............................. Is it legal to refer to a politician as “corrupt” on Facebook? ............................ Page | 4 . Is it legal to refer to someone as having “ugly pimples” on Facebook? ....... Is it legal to ridicule a Government official or Minister on Facebook? .. 40 8...... Is it legal to call someone a “fat pig” on Facebook? . Is it legal to post my complaint about this on my Facebook wall? ...... 35 7........ 20 4............................. I have ordered some stuff from a famous ecommerce website.......... They have not sent it even after a month but my credit card has been charged for the transaction..........Contents 1.... Is it legal to call someone an “idiot” on Facebook? ........................................ Is it legal to ridicule a celebrity or even an ordinary person on Facebook? ................... 30 6..... 45 (c) 2012 Rohas Nagpal..8 2.................................................................................. All rights reserved.................................. 15 3.................... Is it legal to ridicule a religion on Facebook? ........................................... 25 5.. ................................................................ A “friend” has posted an obscene photo of themselves on their own wall.. Is it legal to open a Facebook account in a fake name? .......................... Someone has tagged me in an offensive photo............................................ can I still get into trouble?......................................... Is it legal to post obscene photos / videos on my wall or page? ......................... Since I can see that photo.......... 68 15.......................................... 59 13.. All rights reserved............................ 49 11...... 62 14..... 80 (c) 2012 Rohas Nagpal...............9.............................. 54 12....................................................................................... Is that legal? ........ Is it legal to use abusive language in posts? ........ Can I use my favourite celebrity’s name and open an account on Facebook? ........... 77 17......... 74 16... Do Facebook related laws violate the Constitution of India? ................................ Someone has sent me a threatening message on Facebook... can I file a case against my “friend”?........ If I use asterisk marks instead of abusive words............... Is that a crime? .......................... Page | 5 .................................................................................. 47 10...................................................................................... ....... Page | 6 .. Can he file a case against me? ........ 86 19... What kind of posts can land me in prison? .. I have put a morphed photo of my friend on Facebook. She has taken it as a joke... All rights reserved... 88 (c) 2012 Rohas Nagpal... As a joke... but her father is very angry with this......18........ Page | 7 . All rights reserved.Is it legal to ridicule a Government official or Minister on Facebook? No (c) 2012 Rohas Nagpal. 1. it could also be covered under indecent representation of women4. Don’t do the crime if you can’t do the time! Section 124A of the Indian Penal Code Section 499 of the Indian Penal Code 3 Section 66A of the Information Technology Act 4 Sections 3 and 4 of Indecent Representation of Women (Prohibition) Act 1 2 (c) 2012 Rohas Nagpal. life imprisonment means imprisonment for life and not just 14 years! Ridiculing a Government official or Minister on Facebook could be illegal under the following laws: 1. Defamation2 3. Is it legal to ridicule a Government official or Minister on Facebook? No. if the Minister or official is a woman. All rights reserved. This is a very serious offence and could get someone in jail for life! And unlike what is shown in Hindi movies. Page | 8 . messages. Sedition1 2. Sending offensive electronic messages3 Plus. comments etc. What’s covered? Facebook posts. Even “liking” or “sharing” these posts could get a person into trouble. Page | 9 . 2.Offence Max Jail Time Arrest warrant needed? No Bailable? Sedition Life imprisonment Unlimited Fine 2 years Unlimited Fine 3 years Unlimited Fine No Defamation Yes Yes Sending offensive electronic messages Indecent representation of women No Yes 2 years Rs.000 Yes Yes (c) 2012 Rohas Nagpal. All rights reserved. written words. with a view to obtain their alteration by lawful means. Sedition refers to spoken words.The details Sedition Depending upon the exact content of the message or post. cartoons etc that could: 1. 2. Page | 10 . excite disaffection (disloyalty and all feelings of enmity) towards the Government Exceptions: Comments expressing strong disapproval of the measures or actions of the Government do not amount to sedition if they are: 1. contempt or disaffection Defamation A comment that harms the reputation of a person comes under the definition of defamation under section 499 of the Indian Penal Code. 2. ridiculing Government officials or Ministers could be termed as “sedition”. which is defined in section 124A of the Indian Penal Code. photos. (c) 2012 Rohas Nagpal. without exciting or attempting to excite hatred. All rights reserved. bring the Government into hatred or contempt. colleges. photo cartoon etc does the following in the estimation of others: 1. 4.g. lowers the credit of that person. organizations can be defamed. lowers the moral or intellectual character of that person 2. cause anger. posts that are grossly offensive (e. injury. Even companies. (c) 2012 Rohas Nagpal. causes it to be believed that the person’s body is in a loathsome or disgraceful state. inconvenience. Sarcastic comments can also amount to defamation Sending offensive electronic messages Sending offensive electronic messages is penalized under section 66A of the Information Technology Act. posts that contain false information sent for the purpose of causing annoyance.A person’s reputation is harmed if the comment. 3. enmity. displeasure. lowers the character of that person in respect of his caste or profession. danger. obstruction. posts that are menacing or threatening 3. resentment) 2. Page | 11 . The following types of posts will be covered under this section: 1. criminal intimidation. hatred or ill will. insult. All rights reserved. 2. Did you know? 1. derogatory or denigrating. comments. pics etc that indecently represent women are punished under section 6 of the Indecent Representation of Women (Prohibition) Act. posts or messages sent for causing annoyance. Page | 12 .4. Or which is against public morality. 5. or inconvenience. Indecent representation of women “Indecent representation of women” means the depiction of the figure or body part of a woman in a manner that is indecent. Posts. (c) 2012 Rohas Nagpal. All rights reserved. posts or messages sent to deceive or to mislead about the origin of the messages. Vikas Mavhudzi was arrested for “subverting a constitutional government” when he posted a facebook message in support of the protests in Egypt. April 2011) (c) 2012 Rohas Nagpal. (Zimbabwe. All rights reserved. (Beirut. July 2010). the national flag and the Supreme Court. Page | 13 . May 2012). Ahmad Shuman was arrested for creating a Facebook page criticizing Lebanese President Michel Sleiman.Some Cases Two Air India cabin crew members were arrested and jailed for 12 days for posting “derogatory” remarks against the Prime Minister’s Office. while commenting on a strike by Air India pilots. (India. Is it legal to ridicule a celebrity or even an ordinary person on Facebook? No (c) 2012 Rohas Nagpal. Page | 14 . All rights reserved. comments etc. if the victim is a woman. Even “liking” or “sharing” these posts could get a person into trouble. Section 499 of the Indian Penal Code Section 66A of the Information Technology Act 7 Sections 3 and 4 of Indecent Representation of Women (Prohibition) Act 5 6 (c) 2012 Rohas Nagpal. All rights reserved. it could also be covered under indecent representation of women7. Page | 15 . This is a serious offence and could get someone in jail for upto 3 years! Ridiculing a celebrity or even an ordinary person on Facebook could be illegal under the following laws: 1.2. Is it legal to ridicule a celebrity or even an ordinary person on Facebook? No. Sending offensive electronic messages6 Plus. What’s covered? Facebook posts. Defamation5 2. messages. Don’t do the crime if you can’t do the time! Offence Max Jail & Fine Arrest warrant needed? Yes Bailable? Defamation 2 years jail Unlimited Fine 3 years jail Unlimited Fine Yes Sending offensive electronic messages Indecent representation of women No Yes 2 years jail Rs. All rights reserved. Page | 16 . 2.000 Yes Yes (c) 2012 Rohas Nagpal. lowers the moral or intellectual character of that person 2. Sarcastic comments can also amount to defamation (c) 2012 Rohas Nagpal. 4. Did you know? 1. Even companies. lowers the character of that person in respect of his caste or profession. photo cartoon etc does the following in the estimation of others: 1. causes it to be believed that the person’s body is in a loathsome or disgraceful state. lowers the credit of that person. A person’s reputation is harmed if the comment. organizations can be defamed. 2. All rights reserved. 3. Page | 17 .The details Defamation A comment that harms the reputation of a person comes under the definition of defamation under section 499 of the Indian Penal Code. colleges. (c) 2012 Rohas Nagpal. Or which is against public morality. or inconvenience. Indecent representation of women "Indecent representation of women" means the depiction of the figure or body part of a woman in a manner that is indecent. enmity. criminal intimidation. insult. 4. posts that are menacing or threatening 3. The following types of posts will be covered under this section: 1. 5. posts or messages sent to deceive or to mislead about the origin of the messages. All rights reserved. posts that contain false information sent for the purpose of causing annoyance. displeasure. posts or messages sent for causing annoyance. derogatory or denigrating. comments. inconvenience. Page | 18 . injury. obstruction. pics etc that indecently represent women are punished under section 6 of the Indecent Representation of Women (Prohibition) Act. posts that are grossly offensive (e. cause anger. danger.Sending offensive electronic messages Sending offensive electronic messages is penalized under section 66A of the Information Technology Act.g. Posts. hatred or ill will. resentment) 2. Is it legal to ridicule a religion on Facebook? No (c) 2012 Rohas Nagpal. Page | 19 . All rights reserved. Is it legal to ridicule a religion on Facebook? No. Section 153A of the Indian Penal Code Section 295A of the Indian Penal Code 10 Section 298 of the Indian Penal Code 11 Section 66A of the Information Technology Act 8 9 (c) 2012 Rohas Nagpal. 5.3. Promoting enmity on grounds of religion8 Outraging religious feelings9 Wounding religious feelings10 Sending offensive electronic messages11 Imputations. assertions prejudicial to integration national- What’s covered? Facebook posts. Even “liking” or “sharing” these posts could get a person into trouble. 2. messages. 3. This is a serious offence and could get someone in jail for upto 3 years! Ridiculing a religion on Facebook could be illegal under the following laws: 1. 4. Page | 20 . All rights reserved. comments etc. assertions prejudicial to nationalintegration 3 years jail Unlimited Fine No 3 years jail Unlimited Fine 1 year jail Unlimited Fine 3 years jail Unlimited Fine No No Yes Yes No Yes 3 years jail Unlimited Fine No No (c) 2012 Rohas Nagpal. All rights reserved. Page | 21 .Don’t do the crime if you can’t do the time! Offence Max Jail & Fine Arrest warrant needed? No Bailable? Promoting enmity on grounds of religion Outraging religious feelings Wounding religious feelings Sending offensive electronic messages Imputations. This section also penalizes a comment. post. All rights reserved. photo. post. (c) 2012 Rohas Nagpal. post. language or regional groups or castes or communities. Further this section also penalizes acts which disturb or are likely to disturb public tranquillity. Page | 22 . cartoon etc that insults or attempts to insult the religion or the religious beliefs of any class of citizens of India. Outraging religious feelings A comment.The details Promoting enmity on grounds of religion A comment. cartoon etc that outrages the religious feelings of any class of citizens of India is penalized by section 295A of the Indian Penal Code. cartoon etc that promotes disharmony or feelings of enmity. hatred or ill-will between different religious. language or regional groups or castes or communities is penalized under section 153A of the Indian Penal Code. photo. This section also penalizes acts which are prejudicial to the maintenance of harmony between different religious. racial. photo. racial. Page | 23 . (c) 2012 Rohas Nagpal. or inconvenience. posts or messages sent to deceive or to mislead about the origin of the messages. Sending offensive electronic messages Sending offensive electronic messages is penalized under section 66A of the Information Technology Act. posts that are menacing or threatening 3. obstruction. injury. 5. hatred or ill will.Wounding religious feelings A comment. posts that contain false information sent for the purpose of causing annoyance. insult.g. photo. The following types of posts will be covered under this section: 1. danger. inconvenience. 4. cartoon etc that is made with the deliberate intention of wounding the religious feelings of any person is penalized by section 298 of the Indian Penal Code. displeasure. post. cause anger. criminal intimidation. enmity. All rights reserved. posts or messages sent for causing annoyance. resentment) 2. posts that are grossly offensive (e. Is it legal refer to a politician as “corrupt” on Facebook? No (c) 2012 Rohas Nagpal. All rights reserved. Page | 24 . Defamation12 7. comments etc. Sending offensive electronic messages13 What’s covered? Facebook posts. by a court of law. unless the politician has been found guilty of corruption by a court of law. 12 13 Section 499 of the Indian Penal Code Section 66A of the Information Technology Act (c) 2012 Rohas Nagpal. Page | 25 . Is it legal to refer to a politician as “corrupt” on Facebook? No. Even “liking” or “sharing” these posts could get a person into trouble. All rights reserved.4. messages. then calling him corrupt is punishable under following laws: 6. This is a serious offence and could get someone in jail for upto 3 years! If the politician has not been found guilty of corruption. All rights reserved.Don’t do the crime if you can’t do the time! Offence Max Jail & Fine Arrest warrant needed? No Bailable? Sending offensive electronic messages Defamation 3 years jail Unlimited Fine Yes 2 years Unlimited Fine Yes Yes (c) 2012 Rohas Nagpal. Page | 26 . lowers the moral or intellectual character of that person 2. 3. Even companies. Did you know? 1. 4. causes it to be believed that the person’s body is in a loathsome or disgraceful state. organizations can be defamed. 2. photo cartoon etc does the following in the estimation of others: 1. colleges. Sarcastic comments can also amount to defamation (c) 2012 Rohas Nagpal. Page | 27 . All rights reserved. A person’s reputation is harmed if the comment. lowers the character of that person in respect of his caste or profession. lowers the credit of that person.The details Defamation A comment that harms the reputation of a person comes under the definition of defamation under section 499 of the Indian Penal Code. posts that are menacing or threatening 3. The following types of posts will be covered under this section: 1. inconvenience.g.Sending offensive electronic messages Sending offensive electronic messages is penalized under section 66A of the Information Technology Act. criminal intimidation. posts that are grossly offensive (e. 5. enmity. Page | 28 . posts that contain false information sent for the purpose of causing annoyance. cause anger. posts or messages sent for causing annoyance. danger. displeasure. posts or messages sent to deceive or to mislead about the origin of the messages. obstruction. insult. injury. All rights reserved. resentment) 2. hatred or ill will. 4. or inconvenience. (c) 2012 Rohas Nagpal. Page | 29 .Is it legal to call someone an “idiot” on Facebook? No (c) 2012 Rohas Nagpal. All rights reserved. This is a serious offence and could get someone in jail for upto 3 years! The dictionary meaning of “idiot” is a “person of low intelligence” or a “mentally deficient person”. Since it is impossible to prove that a person is actually an “idiot”. Is it legal to call someone an “idiot” on Facebook? No. comments etc. calling someone an idiot would amount to defamation and would be punishable under two laws: 1.5. Page | 30 . Even “liking” or “sharing” these posts could get a person into trouble. messages. Sending offensive electronic messages15 What’s covered? Facebook posts. 14 15 Section 499 of the Indian Penal Code Section 66A of the Information Technology Act (c) 2012 Rohas Nagpal. Defamation14 2. All rights reserved. Page | 31 . All rights reserved.Don’t do the crime if you can’t do the time! Offence Max Jail & Fine Arrest warrant needed? No Bailable? Sending offensive electronic messages Defamation 3 years jail Unlimited Fine Yes 2 years Unlimited Fine Yes Yes (c) 2012 Rohas Nagpal. The details Defamation A comment that harms the reputation of a person comes under the definition of defamation under section 499 of the Indian Penal Code. A person’s reputation is harmed if the comment, photo cartoon etc does the following in the estimation of others: 1. lowers the moral or intellectual character of that person 2. lowers the character of that person in respect of his caste or profession, 3. lowers the credit of that person, 4. causes it to be believed that the person’s body is in a loathsome or disgraceful state. Did you know? 1. Even companies, colleges, organizations can be defamed. 2. Sarcastic comments can also amount to defamation (c) 2012 Rohas Nagpal. All rights reserved. Page | 32 Sending offensive electronic messages Sending offensive electronic messages is penalized under section 66A of the Information Technology Act. The following types of posts will be covered under this section: 1. posts that are grossly offensive (e.g. cause anger, displeasure, resentment) 2. posts that are menacing or threatening 3. posts that contain false information sent for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will. 4. posts or messages sent for causing annoyance, or inconvenience, 5. posts or messages sent to deceive or to mislead about the origin of the messages. (c) 2012 Rohas Nagpal. All rights reserved. Page | 33 Is it legal to call someone a “fat pig” on Facebook? No (c) 2012 Rohas Nagpal. All rights reserved. Page | 34 6. Is it legal to call someone a “fat pig” on Facebook? No. This is a serious offence and could get someone in jail for upto 3 years! In a normal Indian context, referring to someone as a “fat pig” may cause it to be believed that the person’s body is in a loathsome or disgraceful state. This would be punishable under two laws: 1. Defamation16 2. Sending offensive electronic messages17 What’s covered? Facebook posts, messages, comments etc. Even “liking” or “sharing” these posts could get a person into trouble. 16 17 Section 499 of the Indian Penal Code Section 66A of the Information Technology Act (c) 2012 Rohas Nagpal. All rights reserved. Page | 35 Don’t do the crime if you can’t do the time! Offence Max Jail & Fine Arrest warrant needed? No Bailable? Sending offensive electronic messages Defamation 3 years jail Unlimited Fine Yes 2 years Unlimited Fine Yes Yes (c) 2012 Rohas Nagpal. All rights reserved. Page | 36 The details Defamation A comment that harms the reputation of a person comes under the definition of defamation under section 499 of the Indian Penal Code. organizations can be defamed. lowers the moral or intellectual character of that person 2. A person’s reputation is harmed if the comment. colleges. causes it to be believed that the person’s body is in a loathsome or disgraceful state. All rights reserved. 4. 3. 2. lowers the credit of that person. lowers the character of that person in respect of his caste or profession. Page | 37 . cartoon etc does the following in the estimation of others: 1. Even companies. Did you know? 1. Sarcastic comments can also amount to defamation (c) 2012 Rohas Nagpal. photo. posts or messages sent to deceive or to mislead about the origin of the messages. 5. posts that are menacing or threatening 3. All rights reserved. obstruction. posts or messages sent for causing annoyance. displeasure. The following types of posts will be covered under this section: 1. criminal intimidation. cause anger.g. hatred or ill will. or inconvenience. (Indonesia. was given a 75-day suspended jail sentence for calling her friend a “promiscuous. posts that contain false information sent for the purpose of causing annoyance. danger. Page | 38 . overweight pig” on Facebook. February 2010) (c) 2012 Rohas Nagpal. posts that are grossly offensive (e. 4. an 18-year-old. enmity. A related case Farah NurArafah. inconvenience. resentment) 2. insult.Sending offensive electronic messages Sending offensive electronic messages is penalized under section 66A of the Information Technology Act. injury. All rights reserved. Page | 39 .(c) 2012 Rohas Nagpal. 18 19 Section 499 of the Indian Penal Code Section 66A of the Information Technology Act (c) 2012 Rohas Nagpal. Is it legal to refer to someone as having “ugly pimples” on Facebook? No. Even “liking” or “sharing” these posts could get a person into trouble. Sending offensive electronic messages19 What’s covered? Facebook posts.7. All rights reserved. referring to someone as having “ugly pimples” may cause it to be believed that the person’s body is in a loathsome or disgraceful state. messages. This would be punishable under two laws: 1. Defamation18 2. Page | 40 . comments etc. This is a serious offence and could get someone in jail for upto 3 years! In a normal Indian context. Page | 41 .Don’t do the crime if you can’t do the time! Offence Max Jail & Fine Arrest warrant needed? No Bailable? Sending offensive electronic messages Defamation 3 years jail Unlimited Fine Yes 2 years Unlimited Fine Yes Yes (c) 2012 Rohas Nagpal. All rights reserved. Sarcastic comments can also amount to defamation (c) 2012 Rohas Nagpal. 2. lowers the character of that person in respect of his caste or profession. lowers the credit of that person. Even companies. Did you know? 1. causes it to be believed that the person’s body is in a loathsome or disgraceful state.The details Defamation A comment that harms the reputation of a person comes under the definition of defamation under section 499 of the Indian Penal Code. organizations can be defamed. All rights reserved. lowers the moral or intellectual character of that person 2. Page | 42 . colleges. 4. photo cartoon etc does the following in the estimation of others: 1. 3. A person’s reputation is harmed if the comment. insult. posts that are grossly offensive (e. Page | 43 . hatred or ill will. posts that are menacing or threatening 3. obstruction. All rights reserved. 5. The following types of posts will be covered under this section: 1. cause anger. 4. posts or messages sent to deceive or to mislead about the origin of the messages.g. injury. resentment) 2. danger. inconvenience.Sending offensive electronic messages Sending offensive electronic messages is penalized under section 66A of the Information Technology Act. posts that contain false information sent for the purpose of causing annoyance. enmity. or inconvenience. criminal intimidation. (c) 2012 Rohas Nagpal. posts or messages sent for causing annoyance. displeasure. I have ordered some stuff from a famous ecommerce website. They have not sent it even after a month but my credit card has been charged for the transaction. All rights reserved. Yes Page | 44 . Is it legal to post my complaint about this on my Facebook wall? (c) 2012 Rohas Nagpal. 8. They have not sent it even after a month but my credit card has been charged for the transaction. (c) 2012 Rohas Nagpal. All rights reserved. Page | 45 . Do not make any sarcastic statements. Is it legal to post my complaint about this on my Facebook wall? Yes. Remember the following points while making this post: 1. I have ordered some stuff from a famous ecommerce website. 2. State only facts. Do the Facebook related laws violate the Constitution of India? (c) 2012 Rohas Nagpal. No Page | 46 . All rights reserved. 6. the Constitution of India also allows the Government to make laws that impose “reasonable restrictions” on this fundamental right for the following reasons: 1. Article 19 of The Constitution of India gives all Indian citizens the right to freedom of speech and expression. All rights reserved. Do the Facebook related laws violate the Constitution of India? No. Page | 47 . 9.9. in the interests of friendly relations with foreign States. in the interests of decency in the interests of morality in relation to contempt of court. in the interests of public order. 8. 7. in the interests of the security of the State. 5. 4. 2. in the interests of the sovereignty and integrity of India. 3. in relation to defamation or in relation to incitement to an offence (c) 2012 Rohas Nagpal. But. Page | 48 .Is it legal to open a Facebook account in a fake name? No (c) 2012 Rohas Nagpal. All rights reserved. If the account is used. then it amounts to sending offensive electronic messages21. Punishable under section 465 of the Indian Penal Code Section 66A of the Information Technology Act 22 Section 469 of the Indian Penal Code 20 21 (c) 2012 Rohas Nagpal. This is a serious offense and simply creating the account in a fake name (or someone else’s name) makes the creator liable for 2 years imprisonment. Further if the fake account was created for the purpose of harming someone’s reputation.10. All rights reserved. posts one comment or sends even one friend request using this account. If the person sends even one message. then it amounts to forgery for purpose of harming reputation22. Page | 49 . Is it legal to open a Facebook account in a fake name? No. the liability could be another 3 years in jail! Simply creating the account in the fake name (or someone else’s name) amounts to forgery20. Don’t do the crime if you can’t do the time! Offence Max Jail & Fine Arrest warrant needed? Yes Bailable? Forgery 2 years Unlimited Fine 3 years jail Unlimited Fine Yes Sending offensive electronic messages Forgery for purpose of harming reputation No Yes 3 years Unlimited Fine No Yes (c) 2012 Rohas Nagpal. Page | 50 . All rights reserved. All rights reserved.The details Forgery Creating a facebook account in a fake name (or someone else’s name) amounts to creating a false electronic record under section 464 of the Indian Penal Code. with the intention to cause damage or injury to the public 2. This section applies where the fake account is created for reasons including the following: 1. Since the creation of this fake account is made with an intention to enter into a contract with Facebook. with the intention to cause damage or injury to a person 3. this amounts to forgery under section 464 of the Indian Penal Code. with the intention to commit fraud Forgery for purpose of harming reputation When a fake account is created for the purpose of harming someone’s reputation then it is penalized by section 469 of the Indian Penal Code. (c) 2012 Rohas Nagpal. to enter into a contract 4. Page | 51 . posts that contain false information sent for the purpose of causing annoyance. hatred or ill will. (c) 2012 Rohas Nagpal. Page | 52 . All rights reserved. or inconvenience. resentment) 2. inconvenience.Sending offensive electronic messages Sending offensive electronic messages is penalized under section 66A of the Information Technology Act. posts or messages sent to deceive or to mislead about the origin of the messages. insult. danger. criminal intimidation. 4. injury. displeasure. 5. posts that are grossly offensive (e. cause anger. posts or messages sent for causing annoyance.g. posts that are menacing or threatening 3. enmity. obstruction. The following types of posts will be covered under this section: 1. No Page | 53 . All rights reserved.Can I use my favourite celebrity’s name and open an account on Facebook? (c) 2012 Rohas Nagpal. then it amounts to sending offensive electronic messages24. then it amounts to forgery for purpose of harming reputation25. Can I use my favourite celebrity’s name and open an account on Facebook? No. All rights reserved. Punishable under section 465 of the Indian Penal Code Section 66A of the Information Technology Act 25 Section 469 of the Indian Penal Code 23 24 (c) 2012 Rohas Nagpal. posts one comment or sends even one friend request using this account.11. This is a serious offense and simply creating the account in a celebrity’s name makes the creator liable for 2 years imprisonment. Page | 54 . If the account is used. Further if the fake account was created for the purpose of harming the celebrity’s reputation. the liability could be another 3 years in jail! Simply creating the account in the celebrity’s name amounts to forgery23. If the person sends even one message. All rights reserved.Don’t do the crime if you can’t do the time! Offence Max Jail & Fine Arrest warrant needed? Yes Bailable? Forgery 2 years Unlimited Fine 3 years jail Unlimited Fine Yes Sending offensive electronic messages Forgery for purpose of harming reputation No Yes 3 years Unlimited Fine No Yes (c) 2012 Rohas Nagpal. Page | 55 . to enter into a contract 4. This section applies where the fake account is created for reasons including the following: 1. with the intention to cause damage or injury to the public 2. this amounts to forgery under section 464 of the Indian Penal Code. (c) 2012 Rohas Nagpal. All rights reserved. Since the creation of this fake account is made with an intention to enter into a contract with Facebook. with the intention to cause damage or injury to a person 3.The details Forgery Creating a facebook account in a celebrity’s name amounts to creating a false electronic record under section 464 of the Indian Penal Code. Page | 56 . with the intention to commit fraud Forgery for purpose of harming reputation When the account is created for the purpose of harming the celebrity’s reputation then it is penalized by section 469 of the Indian Penal Code. posts or messages sent for causing annoyance. posts or messages sent to deceive or to mislead about the origin of the messages. 5. danger. posts that contain false information sent for the purpose of causing annoyance. injury. resentment) 2. hatred or ill will. displeasure. inconvenience. criminal intimidation. (c) 2012 Rohas Nagpal. 4. obstruction.Sending offensive electronic messages Sending offensive electronic messages is penalized under section 66A of the Information Technology Act. All rights reserved. posts that are menacing or threatening 3. Page | 57 . or inconvenience. insult.g. enmity. The following types of posts will be covered under this section: 1. posts that are grossly offensive (e. cause anger. Someone has tagged me in an offensive photo. Page | 58 . All rights reserved. Is that legal? No (c) 2012 Rohas Nagpal. Is that legal? No.12. Tagging someone in such a photo amounts to sending offensive electronic messages26. 26 Section 66A of the Information Technology Act (c) 2012 Rohas Nagpal. Someone has tagged me on an offensive photo. Page | 59 . This is a serious offense and makes the person tagging someone liable for 3 years imprisonment. All rights reserved. (c) 2012 Rohas Nagpal. posts that are menacing or threatening 3.g. hatred or ill will.Don’t do the crime if you can’t do the time! Offence Max Jail & Fine Arrest warrant needed? No Bailable? Sending offensive electronic messages 3 years jail Unlimited Fine Yes The details Sending offensive electronic messages Sending offensive electronic messages is penalized under section 66A of the Information Technology Act. posts or messages sent to deceive or to mislead about the origin of the messages. The following types of posts will be covered under this section: 1. cause anger. or inconvenience. criminal intimidation. posts or messages sent for causing annoyance. insult. 5. enmity. resentment) 2. All rights reserved. posts that are grossly offensive (e. 4. danger. posts that contain false information sent for the purpose of causing annoyance. obstruction. injury. Page | 60 . inconvenience. displeasure. All rights reserved.Is it legal to post obscene photos / videos on my wall or page? (c) 2012 Rohas Nagpal. No Page | 61 . All rights reserved. If the photos / videos depict children in a sexually explicit act. This is a serious offense and makes the person posting the obscene photos / videos liable for 3 years imprisonment27. Section 67 of the Information Technology Act Section 67A of the Information Technology Act 29 Section 67B of the Information Technology Act 27 28 (c) 2012 Rohas Nagpal. Page | 62 . then an additional liability of 5 years imprisonment is created29. Is it legal to post obscene photos / videos on my wall or page? No. If the photos / videos contain a sexually explicit act.13. then an additional liability of 5 years imprisonment is created28. Page | 63 . All rights reserved.Don’t do the crime if you can’t do the time! Offence Max Jail & Fine Arrest warrant needed? No Bailable? Posting obscene photos / videos Posting sexually explicit photos / videos Posting photos / videos depicting children in a sexually explicit act 3 years Rs 5 lakh 5 years jail Rs 10 lakh Yes No No 5 years jail Rs 10 lakh No No (c) 2012 Rohas Nagpal. it must cause a person to become morally bad. or 2. it must tend to excite lust. or 3. All rights reserved. literature. literature.The details Posting obscene photos / videos To be considered obscene for the purpose of section 67 of the Information Technology Act. it must arouse interest in lustful thoughts. art or learning or other objects of general concern. Page | 64 . art or learning or other objects of general concern. Exceptions are provided if the material is for public good in the interest of science. Photos / videos depicting a sexually explicit act Section 67A of the Information Technology Act penalizes publishing or transmitting of material containing sexually explicit act in the electronic form. Exceptions are also provided for material which is kept or used for bona fide heritage or religious purposes. Exceptions are provided if the material is for public good in the interest of science. the matter must satisfy at least one of the following conditions: 1. (c) 2012 Rohas Nagpal. The above conditions must be satisfied in respect of a person who is the likely target of the material. promoting. Cultivating. seeking. advertising. exchanging or distributing electronic material depicting children in obscene or indecent or sexually explicit manner 5. This section penalizes the following: 1. browsing. enticing or inducing children to online relationship with one or more children for a sexually explicit act (c) 2012 Rohas Nagpal. Collecting.Exceptions are also provided for material which is kept or used for bona fide heritage or religious purposes. The word “children” means persons who have not completed 18 years of age. Creating text or digital images depicting children in obscene or indecent or sexually explicit manner 4. Photos / videos depicting children in sexually explicit act Section 67B of the Information Technology Act penalizes publishing or transmitting of material depicting children in a sexually explicit act in the electronic form. All rights reserved. downloading. Page | 65 . Causing to be published or transmitted electronic material which depicts children engaged in sexually explicit acts or conduct 3. Publishing or transmitting electronic material which depicts children engaged in sexually explicit acts or conduct 2. 6. literature. Exceptions are also provided for material which is kept or used for bona fide heritage or religious purposes. Cultivating. Facilitating abusing children online 8. enticing or inducing children to online relationship with one or more children in a manner that may offend a reasonable adult 7. All rights reserved. Recording in any electronic form abuse pertaining to sexually explicit acts with children Exceptions are provided if the material is for public good in the interest of science. Page | 66 . (c) 2012 Rohas Nagpal. art or learning or other objects of general concern. A “friend” has posted an obscene photo of themselves on their own wall. can I file a case against my “friend”? Yes (c) 2012 Rohas Nagpal. Page | 67 . All rights reserved. Since I can see that photo. A “friend” has posted an obscene photo of themselves on their own wall. can I file a case against my “friend”? Yes. All rights reserved. then an additional liability of 5 years imprisonment is created32. Since I can see that photo. then an additional liability of 5 years imprisonment is created31. If the photos / videos depict children in a sexually explicit act. This is a serious offense and makes the person posting the obscene photos / videos liable for 3 years imprisonment30.14. Page | 68 . If the photos / videos contain a sexually explicit act. Section 67 of the Information Technology Act Section 67A of the Information Technology Act 32 Section 67B of the Information Technology Act 30 31 (c) 2012 Rohas Nagpal. Don’t do the crime if you can’t do the time! Offence Max Jail & Fine Arrest warrant needed? No Bailable? Posting obscene photos / videos Posting sexually explicit photos / videos Posting photos / videos depicting children in a sexually explicit act 3 years Rs 5 lakh 5 years jail Rs 10 lakh Yes No No 5 years jail Rs 10 lakh No No (c) 2012 Rohas Nagpal. All rights reserved. Page | 69 . it must tend to excite lust. The above conditions must be satisfied in respect of a person who is the likely target of the material.The details Posting obscene photos / videos To be considered obscene for the purpose of section 67 of the Information Technology Act. literature. the matter must satisfy at least one of the following conditions: 4. All rights reserved. Exceptions are provided if the material is for public good in the interest of science. art or learning or other objects of general concern. Page | 70 . Exceptions are also provided for material which is kept or used for bona fide heritage or religious purposes. it must cause a person to become morally bad. Photos / videos depicting a sexually explicit act Section 67A of the Information Technology Act penalizes publishing or transmitting of material containing sexually explicit act in the electronic form. or 6. art or learning or other objects of general concern. (c) 2012 Rohas Nagpal. it must arouse interest in lustful thoughts. literature. Exceptions are provided if the material is for public good in the interest of science. or 5. enticing or inducing children to online relationship with one or more children for sexually explicit acts (c) 2012 Rohas Nagpal. Photos / videos depicting children in sexually explicit act Section 67B of the Information Technology Act penalizes publishing or transmitting of material depicting children in sexually explicit act in the electronic form. The word “children” means persons who have not completed 18 years of age. Cultivating. Causing to be published or transmitted electronic material which depicts children engaged in sexually explicit acts or conduct 3. promoting. seeking. Collecting. Page | 71 . All rights reserved. advertising. exchanging or distributing electronic material depicting children in obscene or indecent or sexually explicit manner 5.Exceptions are also provided for material which is kept or used for bona fide heritage or religious purposes. downloading. browsing. Creating text or digital images depicting children in obscene or indecent or sexually explicit manner 4. Publishing or transmitting electronic material which depicts children engaged in sexually explicit acts or conduct 2. This section penalizes the following: 1. Cultivating. art or learning or other objects of general concern. Exceptions are also provided for material which is kept or used for bona fide heritage or religious purposes. Page | 72 .6. Recording in any electronic form abuse pertaining to sexually explicit acts with children Exceptions are provided if the material is for public good in the interest of science. enticing or inducing children to online relationship with one or more children in a manner that may offend a reasonable adult 7. Facilitating abusing children online 8. (c) 2012 Rohas Nagpal. All rights reserved. literature. All rights reserved.Is it legal to use abusive language in posts? No (c) 2012 Rohas Nagpal. Page | 73 . Page | 74 . 33 Section 66A of the Information Technology Act (c) 2012 Rohas Nagpal. Is it legal to use abusive language in posts? No.15. This is a serious offense and makes the person using abusive language in posts. comments etc liable for 3 years imprisonment33. All rights reserved. Page | 75 . 4. displeasure. posts or messages sent for causing annoyance. posts that contain false information sent for the purpose of causing annoyance. inconvenience. injury. criminal intimidation. danger. All rights reserved. obstruction.g. 5. cause anger. or inconvenience. enmity. resentment) 2. insult. (c) 2012 Rohas Nagpal. posts that are menacing or threatening 3. posts or messages sent to deceive or to mislead about the origin of the messages.Don’t do the crime if you can’t do the time! Offence Max Jail & Fine Arrest warrant needed? No Bailable? Using abusive language in posts 3 years jail Unlimited Fine Yes The details Sending offensive electronic messages Sending offensive electronic messages is penalized under section 66A of the Information Technology Act. posts that are grossly offensive (e. hatred or ill will. The following types of posts will be covered under this section: 1. All rights reserved. Page | 76 .If I use asterisk marks instead of abusive words. can I still get into trouble? Yes (c) 2012 Rohas Nagpal. can I still get into trouble? Yes. then it would be punishable with upto 3 years imprisonment34. instead of fool. If I use asterisk marks instead of abusive words. if the meaning is apparent. Even if you use asterisk marks (e. you say f**l).16.g. All rights reserved. Page | 77 . 34 Section 66A of the Information Technology Act (c) 2012 Rohas Nagpal. posts that are menacing or threatening 3.Don’t do the crime if you can’t do the time! Offence Max Jail & Fine Arrest warrant needed? No Bailable? Using abusive language in posts 3 years jail Unlimited Fine Yes The details Sending offensive electronic messages Sending offensive electronic messages is penalized under section 66A of the Information Technology Act. All rights reserved. injury. insult. posts that are grossly offensive (e. obstruction. Page | 78 . danger. posts or messages sent for causing annoyance. or inconvenience. resentment) 2. displeasure. 5. cause anger. 4. inconvenience.g. posts or messages sent to deceive or to mislead about the origin of the messages. posts that contain false information sent for the purpose of causing annoyance. The following types of posts will be covered under this section: 1. criminal intimidation. (c) 2012 Rohas Nagpal. enmity. hatred or ill will. Is that a crime? Yes (c) 2012 Rohas Nagpal.Someone has sent me a threatening message on Facebook. Page | 79 . All rights reserved. then an additional 2 years punishment can be given37. Sending threatening messages on Facebook can be penalized as “sending offensive messages” and is punishable with upto 3 years imprisonment35. Someone has sent me a threatening message on Facebook. Page | 80 . Section 66A of the Information Technology Act Section 506 of the Indian Penal Code 37 Section 507 of the Indian Penal Code 35 36 (c) 2012 Rohas Nagpal. Additionally. additional punishment could vary from 2 years imprisonment to 7 years imprisonment36. Additionally. depending upon the threat in the message. Is that a crime? Yes. if the threatening message is sent using a fake account (or in any manner to hide the name and details of the sender).17. All rights reserved. All rights reserved. Page | 81 .Don’t do the crime if you can’t do the time! Offence Max Jail & Fine Arrest warrant needed? No Bailable? Sending offensive messages Sending threatening message Sending serious threat message Message from fake account 3 years jail Unlimited Fine Yes 2 years jail Unlimited Fine Yes Yes 7 years jail Unlimited Fine 2 years jail Yes Yes Yes Yes (c) 2012 Rohas Nagpal. All rights reserved. danger. 4. Sending threatening messages Sending threatening message may amount to “criminal intimidation” as defined under section 503 of the Indian Penal Code. or inconvenience. posts that are grossly offensive (e. displeasure.g. inconvenience. enmity. 5. posts or messages sent to deceive or to mislead about the origin of the messages. posts that contain false information sent for the purpose of causing annoyance. resentment) 2. insult. The following types of posts will be covered under this section: 1. posts that are menacing or threatening 3. criminal intimidation. injury. Page | 82 . cause anger. obstruction.The details Sending offensive electronic messages Sending offensive electronic messages is penalized under section 66A of the Information Technology Act. hatred or ill will. (c) 2012 Rohas Nagpal. posts or messages sent for causing annoyance. The threat could be made in relation to the victim’s family. 4. 7. employees etc. colleagues. 6. Note: Sending an appropriate legal notice would not amount to criminal intimidation even when the notice threatens legal action against the person’s property. 5.This section applies when someone threatens another with: 1. murder. physical injury 2. Page | 83 . damaging the property The threat need not necessarily relate to the victim. friends. destruction of any property by fire. 2. 3. Sending serious threat This is covered by section 506 of the Indian Penal Code and applies if the threat is to cause: 1. grievous hurt. dacoity maligning character of a woman etc (c) 2012 Rohas Nagpal. All rights reserved. rape. death. damaging the reputation 3. This section applies when the threat is made to alarm the victim or force the victim do something (or omit to do something). All rights reserved. Sending threatening messages from a fake account If the threatening message is sent using a fake account (or in any manner to hide the name and details of the sender). (c) 2012 Rohas Nagpal.be punished with imprisonment of either description for a term which may extend to seven years. Page | 84 . then it is covered by section 507 of the Indian Penal Code. or with both. or with fine. As a joke. She has taken it as a joke. Can he file a case against me? Yes (c) 2012 Rohas Nagpal. Page | 85 . All rights reserved. I have put a morphed photo of my friend on Facebook. but her father is very angry with this. Page | 86 .18. 38 39 Section 66A of the Information Technology Act Section 67 of the Information Technology Act (c) 2012 Rohas Nagpal. She has taken it as a joke. but her father is very angry with this. If her father finds it offensive. If the photo is obscene then there is an additional liability for 3 years imprisonment39. he can file a case and it can be penalized as “sending offensive messages” and is punishable with upto 3 years imprisonment38. As a joke. All rights reserved. Can he file a case against me? Yes. I have put a morphed photo of my friend on Facebook. What kind of Facebook posts can land me in prison? (c) 2012 Rohas Nagpal. All rights reserved. Page | 87 . If this comment were about my family. (c) 2012 Rohas Nagpal. comments or messages. avoid the following posts. Page | 88 × × × × . celebrity or even an ordinary person. DO NOT post.19. Do not use abusive language on Facebook. ask yourself one question . would I be offended? If your answer is yes. or me. Do not tag someone in an offensive photo. × Do not ridicule anyone on Facebook . What kind of posts can land me in prison? Before posting on Facebook. Do not “like” these posts or messages either. × × Also × × Do not open a Facebook account in a fake name. “ugly” or worse. Do not ridicule a religion on Facebook Do not refer to someone using derogatory terms such as “corrupt”. Do not open an account on Facebook using a celebrity’s name. Do not send threatening messages. All rights reserved. Do not post obscene photos / videos. Minister. “fat pig”. “idiot”. At any cost.Government official. visit: http://www.org | info@asianlaws. All rights reserved.org/free.asianlaws.asianlaws.This ebook is a part of the FREE online course entitled Facebook Law in India For details.org (c) 2012 Rohas Nagpal.php Issued in the public interest by: www. .