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.
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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.
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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.
- Note: No longer valid, so complaints under this section should be challenged. Refer to Cases Where Section 66A Was Wrongly Used After Being Struck 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)
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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.
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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.)
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What Should You Do If Someone Posts Derogatory Content About You?
- Collect Evidence (screenshots, URLs, timestamps)
- File a Complaint at the Cyber Cell or local police station
- Approach Court for defamation or injunction orders
- Report content on platforms (Facebook, Instagram, X/Twitter) under their Community Guidelines
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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?
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Frequently Asked Questions (FAQ)
Q1: What happens if I post defamatory content on social media?
A1: You may face civil and criminal defamation cases, including fines or jail time, depending on the severity of the content.
Q2: Is freedom of speech unlimited on Indian social media platforms?
A2: No. Freedom of speech is subject to reasonable restrictions such as preventing defamation, public order disturbances, and hate speech.
Q3: How can I protect myself legally when posting online?
A3: Avoid posting unverified claims, personal attacks, and obscene content. Use disclaimers and respect others' rights.
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