Defamation Reconstruction by a Gautam Law Chamber

(Prepared for Gautam Law Chamber – Defamation Reconstruction Division)

1. Legal Framework of Defamation in India

Civil Defamation: Action under Law of Torts – claim for damages/compensation.
Criminal Defamation: Section 499 & 500 IPC (or corresponding provisions under BNS, 2023) – imprisonment up to 2 years or fine, or both.
Constitutional Context: Balancing Article 19(1)(a) Freedom of Speech with Article 21 Right to Reputation.
IT Act & IT Rules (2021): Legal remedies for online defamation, intermediary liability, content takedown.
Company Law / SEBI / Competition Law: Protection against corporate defamation affecting shareholders, investors, or markets.

Libel – Written or published defamatory statement (newspaper, book, website).
Slander – Oral/spoken defamation (TV, speeches, meetings).
Cyber Defamation – Social media posts, blogs, YouTube, WhatsApp messages.
Corporate Defamation – Malicious reporting, false shareholder complaints, competitor smear campaigns.
Political / Public Figure Defamation – Targeted defamation of leaders, professionals, celebrities.

Issue Legal Notice under Civil & Criminal law demanding apology, withdrawal, and compensation.
Evidence Collection: Screenshots, URL archives, certified copies of publications (admissible under Evidence Act & IT Act).
Filing with cyber cells for digital defamation.
Negotiation & Mediation – Out-of-court settlements with binding undertakings.

Suit for Defamation under Torts: Claiming damages (general, special, exemplary).
Suit for Injunction: To restrain further publication/repetition of defamatory material.
Jurisdiction: Where publication circulated, where plaintiff resides, or cause of action arose.

Private Complaint under Sec. 499/500 IPC / BNS equivalents.
Filing before Magistrate under CrPC/BNSS.
Seeking summoning orders & criminal prosecution.
Strategic Use: Criminal action as pressure tactic + Civil claim for damages.

Section 66A IT Act (now repealed, but courts accept IT Act read with Sec. 499 IPC).
IT Rules, 2021:
- File with intermediary (Facebook, Twitter, YouTube, etc.) for takedown within 36 hours.
- Grievance redressal officer of intermediary can be legally bound.
Injunctions in High Courts to block websites/posts.

Remedies under Companies Act, 2013 (protection of company reputation).
SEBI Regulations (false market-sensitive information = market manipulation).
Competition Act, 2002 (malicious comparative advertising).
NCLT/NCLAT: Where defamation impacts company’s financial health or insolvency proceedings.

Digital Forensics & Monitoring: Continuous monitoring of online platforms for defamatory content.
Content Takedown: Using IT Rules, 2021 and court orders for deletion.
Media Strategy (Legal): Issuing clarifications, publishing rejoinders with legal backing.
Escrow & Undertaking Mechanisms: For settlements where reputation harm is quantified.

Client Intake – Background check & damage assessment.
Evidence Preservation – Digital forensics, certified copies, witnesses.
Legal Action Strategy – Civil suit, criminal complaint, IT intermediary notice.
Immediate Relief – Injunctions, takedowns, interim compensation.
Long-Term Reconstruction – Reputation rebuilding via settlements, clarifications, damages.

Strong litigation team (civil + criminal + cyber law).
Experience in high-profile cases (political, corporate, public figures).
Integrated approach: Court + Cyber + Corporate remedies.
Ability to act as one-stop agency for individuals, companies, and institutions.
Neutral, ethical, and confidential handling of sensitive reputation matters.