Sunday, 3 February 2013

Before Posting or Liking on Facebook, know is it legal - Facebook Laws in India


Nowadays Facebook is the most popular website on the web and there will be hardly any netizen who will be not having Facebook account.



So, while today Facebook becomes face of yours on the internet, you should make yourself aware about laws related to Facebook. Let’s make it short, come to the point and let me ask some questions: 




Have you ever posted a comment which can hurt to anyone? (Especially celebrity, politician, any community etc.)

Have you ever liked or commented on the post where joke made on politicians or celebrities?

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.

Only remember “Don’t do the crime if you can’t do the time!”

Let’s be clear with some more questions and answers

Is it legal to ridicule a celebrity or even an ordinary person on Facebook?

NO

Is it legal to ridicule a Government official or Minister on Facebook?

NO

Is it legal to ridicule a religion on Facebook?

NO

Is it legal to call someone an “idiot” on Facebook?

NO

Since it is impossible to prove that a person is actually an “idiot”, calling someone an idiot would amount to defamation and would be punishable under two laws:

1. Defamation
2. Sending offensive electronic messages


Will you believe that…

Facebook posts, messages, comments etc. Even “liking” or “sharing” these posts could get a person into trouble.

Did you know?

1. Even companies, colleges, organizations can be defamed.
2. 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. The following types of posts will be covered under this section:

1. Posts that are grossly offensive (e.g. cause anger, displeasure, and 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.

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. Is it legal to post my complaint about this on my Facebook wall?

YES

Remember the following points while making this post:

1. State only facts.
2. Do not make any sarcastic statements.

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, the national flag and the Supreme Court, while commenting on a strike by Air India pilots. (India, May 2012).

Vikas Mavhudzi was arrested for“subverting aconstitutional government” when he posted a facebook message in support of the protests in Egypt. (Zimbabwe,April 2011)

If you want to be aware about Facebook laws in India in detail, then just go to this very useful link HERE (by ROHAS NAGPAL, ASCL, PUNE)

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