INFORMATION TECHNOLOGY/CYBER LAW
Cyber Defamation is used to defame some people by writing blogs or in social media. This may affect the reputation of a person or a company.
As per IPC section 499 : Whoever by words either 1) spoken or 2) intended to be read, or 3) by signs or 4) by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.
The following steps are essential when there is a cyber-defamation
- Analyze the link, content and verify with IPC section 499
- Try to contact the poster and negotiate
- Try to contact website administrator/owner and negotiate
- Try to remove the links or push down the links from search engines
- Issue legal notice to the poster and/or website owner/administrator
- Proceed with cyber police and register a complaint
- Proceed legally to block the content/site from public
In Simple way we can say that cyber crime is unlawful acts wherein the computer is either a tool or a target or both. Cyber crimes can involve criminal activities that are traditional in nature, such as theft, fraud, forgery, defamation and mischief, all of which are subject to the Indian Penal Code. The abuse of computers has also given birth to a gamut of new age crimes that are addressed by the Information Technology Act, 2000.
The firm has expertise in complete range of matters related to Information Technology sector, including technology and strategic consulting services. We deal in software protection & licencing, data protection, domain names dispute resolution, technology transfer and technical assistance agreements, credit card frauds etc. We advise our clients on cyber laws, Indian Information Technology laws, data protection, IP protection, e-commerce, etc. Data theft is one of the most common problems faced by the companies today. We advise our clients on, protection against data theft and the best possible method, to resolve it. Our lawyers are well versed with the cyber laws, information technology laws, and data protection laws in India.
We deal in software licencing, development and support and website development agreements. We assist our clients in drafting agreements such as shrink wrap agreements, click wrap agreements software licence and maintenance agreements, hardware maintenance and system supply agreements, access and beta test agreements, service provide agreements, interconnect agreements, broadcasting, satellite and digital terrestrial agreements, Conditional Access Systems (CAS) agreements, server co-location space agreements and other related commercial agreements. We also assist the IT companies in protecting their intellectual property and information technology-related compliance and taxation issues.
We represent our clients through our associates in the tribunals, High Courts and the Supreme Court in matters of infringement of intellectual property rights and disputes relating to contracts and domain names. We have significant experience in advising our clients in establishing strategic alliances between suppliers and buyers in India and abroad. We also deal in cyber law and handle cases like internet fraud, hacking, privacy and security related issues etc.
Posting offensive and abusive messages in facebook can attract section 66 of information technology Act and Legal action can be initiated for breach of the IT Act in India. Defamation case (Section 499 of IPC) can be filed along with breach of IT Act. We will facilitate in protecting you legally whenever possible or take legal action against anyone wherever possible.