Why you should not publish derogatory content on social media in India

 

Everyone’s using social media, however few are aware of what can go wrong with their social media. In the age of Instagram reels, viral tweets, and Facebook rants, it’s easier than ever to express opinions publicly. But in India, freedom of speech is not freedom to cause hurt/harm/damage to another—especially when it comes to derogatory, defamatory, or inflammatory content online.

 

Posting such content can not only damage reputations but also land you in serious legal trouble, including jail time, fines, or civil lawsuits. This is something everyone really needs to be aware of, and take care to avoid. Here we have given you a detailed breakdown of the things that users need to keep in mind when posting. There are applicable laws to social media use and misuse, as mentioned below.

Let’s break down why you must think before you post, and what laws govern social media conduct in India.

 

What Is Considered Derogatory Content?

Derogatory content refers to anything posted publicly that:

• Insults or humiliates someone (based on caste, religion, gender, profession, etc.)
• Accuses someone of a crime or misdeed without evidence
• Spreads false or misleading information
• Is vulgar, sexually explicit, or indecent
• Incites hatred, violence, or communal unrest

Even if it’s a joke, meme, or satire—if someone is offended and files a complaint, you may have to face police investigation or court proceedings.

 

What Indian Laws Apply to Social Media Posts?

Before You Read the Law: What Are Cognizable / Non-Cognizable and Bailable / Non-Bailable Offences?

To better understand how serious a law is and what legal steps follow, here’s a quick guide:

Cognizable Offence:

Police can register an FIR and arrest without prior approval from a magistrate (e.g., murder, hate speech, serious cybercrimes). Meaning if the police file an FIR, then they can and will arrest the accused to be produced before a Judge/District Magistrate at the earliest.

Non-Cognizable Offence:

Police cannot arrest or investigate without the court’s permission (e.g., defamation, minor altercations). Meaning if the police file an FIR, they will not arrest the accused in the matter, however the complaint, and other findings based on the police investigation will be submitted to the Court.

Bailable Offence:

The accused has the right to be granted bail immediately. Meaning, if an FIR is filed then the police can make an arrest, however can grant bail to the accused directly, before producing the accused before a District Magistrate.

Non-Bailable Offence:

Bail is not automatic; it’s at the discretion of the court based on the seriousness of the case. If an FIR is filed, the police will arrest the accused who will be held in Judicial Custody and can apply to the Presiding Magistrate for bail, for which various conditions require to be met.

 

Relevant Laws for Social Media Posts in India

1. Section 66A of the IT Act (Struck down in 2015)

• Punished offensive messages online. Though struck down by the Supreme Court in Shreya Singhal v. Union of India. If cited in an FIR, Section 66A can be quashed by higher courts, as it no longer holds legal value. Citizens should be aware they cannot be prosecuted under it anymore.
• Note: No longer valid, so complaints under this section should be challenged. Refer to Cases Where Section 66A Was Wrongly Used After BeingStruck Down

2. Section 67 of the IT Act, 2000 – Obscene Content

• Punishes posting obscene or lascivious content
• Punishment: Up to 3 years imprisonment and ₹5 lakh fine for the first offense
• Cognizable & Bailable

3. Section 499 & 500 of IPC – Defamation

• Making false or damaging statements about someone, even on WhatsApp or Twitter, can attract civil and criminal defamation cases.
• Punishment: Up to 2 years jail, fine, or both
• Non-Cognizable & Bailable

4. Section 505 IPC – Spreading Rumors or Misinformation

• Publishing content that can incite public fear, hatred, or unrest
• Punishment: Up to 3 years jail, fine, or both
• Cognizable & Non-Bailable (if it involves promoting communal enmity)
• Non-Cognizable in other sub-sections depending on context

5. Section 153A IPC – Promoting Enmity Between Groups

• Applies if your post targets a religion, caste, or community
• Punishment: Up to 3 years jail, fine, or both
• Cognizable & Non-Bailable

6. Section 354D IPC – Online Stalking

• Posting morphed images or repeated messaging on social media
• Common in cases of cyberbullying or harassment of women
• Punishment: Up to 3 years for first-time offence, 5 years for repeat offence
• Cognizable & Bailable (first offence)
• Non-Bailable (repeat offence)

---

Real-Life Examples

• In 2021, a man in Delhi was arrested for tweeting a fake communal video.
• A woman in Mumbai faced FIR for posting a defamatory video rant against her ex-employer.
• Celebrities and influencers have been sued for making derogatory or misleading comments online.

No one is exempt—not even anonymous accounts.

---

Can Opinions or Criticism Be Punished?

You can criticize policies, leaders, or public figures—but:

• Avoid personal attacks
• Don’t spread false allegations without proof
• Be careful when sharing unverified news

Freedom of expression under Article 19(1)(a) of the Constitution is subject to reasonable restrictions (public order, morality, defamation, etc.)

---

What Should You Do If Someone Posts Derogatory Content About You?

1. Collect Evidence (screenshots, URLs, timestamps)
2. File a Complaint at the Cyber Cell or local police station
3. Approach Court for defamation or injunction orders
4. Report content on platforms (Facebook, Instagram, X/Twitter) under their Community Guidelines

---

Safe Posting Tips for Social Media Users in India

• Avoid posting angry rants or unverified claims
• Don’t insult anyone’s religion, gender, caste, or profession
• Never share private photos or messages without consent
• Use “opinion” disclaimers if discussing sensitive topics
• Think: Would I say this in public or in front of a judge?

 

Summary: 

Social media gives us a platform to publish our stories, opinions, views, pictures, thoughts etc—but the law expects us to use it responsibly. One needs to keep in mind Respecting others, respecting our nation and its leaders, and avoiding posting content that is offensive regardless of how one feels about it personally. As social media is after all media, and provides every individual the ability to share any content they choose with the world. Hence, be responsible for your words always because, one wrong post can lead to legal consequences, damaged reputation, and even imprisonment.