Section 66A of the IT Act 2000 criminalised sending "offensive" messages through communication services. The Supreme Court unanimously struck it down in Shreya Singhal v. Union of India (2015), holding it unconstitutional for being vague and overbroad in violation of Article 19(1)(a).
Section 66A: The Provision That No Longer Exists
Despite its unconstitutionality, some police stations in India continued invoking Section 66A until 2021, when the Supreme Court issued a stern directive. Any FIR filed under Section 66A today is void ab initio and immediately challengeable by habeas corpus.
What Section 499 IPC Provides
Section 499 IPC defines defamation as making or publishing any imputation concerning a person intending to harm or knowing it will harm the reputation of that person. The provision applies fully to online publications — a post, tweet, or article on a website is a "publication" under the law.
The punishment under Section 500 IPC is simple imprisonment up to two years, a fine, or both. Criminal defamation is a cognisable and bailable offence, meaning an FIR can be registered and anticipatory bail is available.
Civil Defamation: Often More Effective
Civil defamation under the Law of Torts does not require proof of intent — only that the statement was false, was published to a third party, and caused reputational harm. Damages are recoverable and courts can grant permanent injunctions.
The civil route allows for John Doe orders against anonymous posters, direct orders to Google and social platforms, and interim relief within days of filing. For business reputation cases, civil suits handled by specialist counsel typically achieve faster and more complete remedies.
IT Act Sections That Still Apply Online
Section 67 (obscene content), Section 67A (sexually explicit content), Section 66E (privacy violation), and Section 66C (identity theft) of the IT Act remain in force and applicable to online publications.
The IT (Intermediary Guidelines) Rules 2021 also create strong compliance obligations for platforms — including a takedown timeline of 24 hours for content violating privacy or depicting sexual violence, and 72 hours for other reported content.
RepuLex Editorial
RepuLex's editorial team comprises senior advocates, legal researchers, and ORM strategists with over a decade of combined experience in online reputation law in India.