EVOLVING LEGAL REMEDIES FOR ONLINE DEFAMATION IN INDIA: CHALLENGES AND FUTURE DIRECTIONS

Abstract

The phenomenon of online defamation in India has gained significant traction with the rise of digital platforms, leading to unique challenges in safeguarding individual reputations and balancing freedom of speech. Unlike traditional defamation, online defamation transcends geographical boundaries, making jurisdiction a complex issue and complicating legal remedies. The rapid dissemination of information on social media platforms, blogs, and websites exacerbates the impact of defamatory content, affecting the victims' social, professional, and personal standing almost instantaneously. Although India's Information Technology Act (ITA) and defamation laws provide some degree of redressal, they often fall short in addressing the dynamic and global nature of online defamation. Courts struggle with issues of jurisdiction, anonymity, and the fast-paced evolution of digital media, resulting in a need for legal reforms that reflect the changing digital landscape. This article examines the evolving legal framework for online defamation in India, focusing on the current challenges, legislative gaps, and judicial interpretations. It discusses the constraints of existing laws, such as the ITA and the Indian Penal Code, in effectively tackling online defamation, especially concerning anonymous perpetrators and cross-border defamation. Further, the article explores recent judicial responses and the need for robust legal mechanisms that address issues specific to the online realm. By analysing emerging international standards and comparing them with India’s regulatory approach, this study aims to propose viable legal remedies and reforms to protect individual rights in an increasingly digital society. The article concludes by highlighting the future directions and reforms needed to create a comprehensive legal framework that balances free speech and reputation in the online domain.