SMC - India’s first case of cyber defamation was reported when a company’s employee (defendant) started sending derogatory, defamatory and obscene e-mails about its Managing Director. The e-mails were anonymous and frequent, and were sent to many of their business associates to tarnish the image and goodwill of the plaintiff company. The plaintiff was able to identify the defendant with the help of a private computer expert and moved the Delhi High Court The court granted an ad-interim injunction and restrained the employee from sending, publishing and transmitting e-mails, which are defamatory or derogatory to the plaintiffs.
Cyber laws in India synonymous to Information technology Act 2000.
Internet lacks any geographical limits hence United Nations Commission on International Trade Law’ (UNCITRAL) proposed a certain level of uniformity of laws in all member countries – Model Law of Electronic Commerce was adopted.
Courts generally analyzed ISP liability under the same standards applied to newspapers and other media (anyone who exercised a substantial degree of editorial control over the distributed product).
A third party published defamatory material on a network and the computer redistributed that material, the owner or operator of the server was not liable if one who permits access to published defamatory content, but who do not assist in publishing that content.
Communications Decency Act (USA) - No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
Internet service Provider (ISP) liable under Section 501 of the IPC - publisher/printer of defamatory material is the prime offender