Official Text
“Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any matter which is defamatory of any person, knowing or having reason to believe that such matter is defamatory.”
Legal Analysis
Elements to Prove:
- Publishing or transmitting defamatory matter.
- In electronic form.
- Knowledge that matter is defamatory.
Potential Defenses:
- Truth of the statement.
- Fair comment.
- Privileged communication.
Practical Examples
What Constitutes the Offense:
Posting defamatory content online, spreading false information on social media, cyber libel.
What Doesn't Constitute:
Truthful statements, legitimate criticism, or authorized publications.
Punishment
Imprisonment up to 2 years, and Fine