Online defamation and trolling: what the law allows
When a post becomes defamation, when trolling is a crime, how to get content removed under the 2026 IT Rules timelines, and what to do if you are accused.
In short
- Defamation is a false statement of fact that lowers someone's reputation. Truth for the public good and honest opinion are not defamation Sec 356 BNS.
- Police will not register an FIR for defamation alone; the person defamed must file a complaint before a Magistrate Sec 222 BNSS. Threats, stalking and sexual harassment online are police matters.
- Screenshot first (post, URL, date, handle), then report to the platform. Since February 2026, platforms must act on nudity or impersonation complaints within 2 hours and on other unlawful-content complaints within 36 hours.
- For threats, stalking or intimate images: 1930 / cybercrime.gov.in; women 181; emergency 112.
- If accused: do not reply in anger, save your evidence, see a lawyer. Free advice: 15100.
A false allegation online can wreck a reputation built over years. At the same time, people rightly use social media to complain about bad service and criticise the powerful. The law protects both your right to speak and your right to a good name. This guide draws the line and tells you what to do on either side of it.
What defamation is
Defamation means making or publishing an imputation about a person, by words, writing, images or video, intending or knowing that it will harm their reputation. In India it is both a civil wrong (you can sue for damages and an injunction) and a crime.
The offence is now Sec 356 BNS (earlier Secs 499 and 500 IPC). The punishment is simple imprisonment up to two years, or a fine, or both, or community service, a new option added in 2024. In Subramanian Swamy v. Union of India (2016) the Supreme Court upheld criminal defamation, holding that reputation is part of the right to life with dignity under Art 21. Critics argue the offence chills free speech; as of 2026 it remains on the statute book.
Sharing or retweeting a defamatory post is also "publishing" it.
What is not defamation
Section 356 lists ten exceptions. The ones that matter most online:
- Truth for the public good. A true statement is protected if publishing it serves the public good. You must be able to prove it.
- Honest opinion on public conduct. Comment in good faith on how a public servant does their public work, or on anyone's conduct on a public question.
- Reviews. Honest opinion on a book, film, restaurant, product or performance the person has put before the public.
- Complaints to the right authority. An accusation made in good faith to someone with lawful authority over the person, such as the police, an employer or a regulator.
When trolling becomes a crime
Rude or hurtful comments are not, by themselves, illegal. Some online behaviour is a separate, cognizable offence (one where police can register an FIR and arrest without a warrant):
- Threats to harm your body, reputation or property: criminal intimidation Sec 351 BNS.
- Stalking, including repeatedly contacting a woman or monitoring her online activity after she has shown disinterest Sec 78 BNS.
- Sexual harassment, such as sexually coloured remarks or demands Sec 75 BNS, and words or gestures intended to insult a woman's modesty Sec 79 BNS.
- Intimate images captured or shared without consent Sec 66E IT Act, and sexually explicit content Secs 67 and 67A IT Act. Morphed or AI-generated sexual images fall here too.
- Hate posts targeting a religion, caste or community: promoting enmity Sec 196 BNS.
There is no general "offensive message" offence any more: the Supreme Court struck down Sec 66A of the IT Act in Shreya Singhal v. Union of India (2015).
Step by step: if you are targeted
- Preserve evidence first. Screenshot the post with the handle, date, time and URL visible, and record a screen video of the profile. Posts vanish once reported.
- Report to the platform. Use the in-app report button and also email the platform's grievance officer (every major platform must publish one for India under the IT Rules, 2021). Platforms must acknowledge within 24 hours and resolve within 15 days; since the February 2026 amendment they must remove non-consensual nudity or impersonation within 2 hours of a user complaint (earlier 24) and other unlawful content within 36 hours (earlier 72). Takedown orders from a court or the government must be obeyed within 3 hours.
- Appeal. If the platform rejects or ignores you, appeal to the Grievance Appellate Committee under the IT Rules within 30 days of the platform's decision.
- Report crimes to police. For threats, stalking, sexual harassment or intimate images, file on cybercrime.gov.in, call 1930, or go to any police station or cyber cell. These are cognizable; police can trace an anonymous account through the platform.
- For pure defamation, use the courts. Send a legal notice demanding deletion and apology. Then either file a criminal complaint before the Magistrate under Sec 222 BNSS, or a civil suit for damages and an injunction (a court order to take down and not repeat). A civil suit must be filed within one year of publication under the Limitation Act.
If you are accused of defamation
A legal notice is not a court order. Do not post an angry reply. Save your original post and everything that supports it, and check whether the notice alleges a false fact or merely objects to your opinion. Truth for the public good, honest opinion and complaint to a proper authority are complete defences. In a criminal complaint the Magistrate must now hear you before taking cognizance Sec 223 BNSS, so you get an early chance to show the post was fair. Sometimes a correction or clarification ends the matter; take advice before offering one.
Arjun, a dentist in Indore, finds an anonymous account posting that he "botches root canals and bribes drug inspectors", tagging his clinic. He screenshots each post with the URL and time, reports them to the platform's grievance officer as false and defamatory, and gets them removed in a week. He then has an advocate file a complaint before the Judicial Magistrate under Sec 356 BNS and Sec 222 BNSS, asking the court to direct the platform to disclose the account holder's details. The account turns out to belong to a former employee, who apologises in writing and the complaint is compounded.
Keep these ready
- Screenshots showing handle, date, time and URL; a screen recording of the profile
- The exact links, and the platform's complaint ticket numbers and replies
- Proof of harm: lost bookings, messages from clients
- If you are accused: your original post, the facts and documents behind it, and the notice you received
Going to the police station to "file an FIR for defamation" wastes your time: defamation is non-cognizable and only a Magistrate's complaint works. Equally, do not threaten the troll with "I will get you arrested"; a threat of your own can become evidence against you.
Where to go
- Platform grievance officer, then the Grievance Appellate Committee under the IT Rules.
- National Cyber Crime Portal: cybercrime.gov.in or helpline 1930 for threats, stalking, harassment and intimate images; women can also call 181.
- Judicial Magistrate for a criminal defamation complaint; civil court for damages and an injunction.
- District Legal Services Authority (15100) for a free lawyer. Emergency: 112.
Common questions
Can I file an FIR for defamation on social media?
No. Defamation under Sec 356 BNS is a non-cognizable offence, and under Sec 222 BNSS a court can take it up only on a complaint by the person defamed. You file the complaint before the Judicial Magistrate, usually through an advocate. Police can register an FIR only for separate cognizable offences such as threats, stalking or sharing intimate images.
Is a negative review of a business defamation?
Not if it is your honest opinion about a product or service the business offered to the public, or a true statement of fact. Describe what happened to you and avoid labels like "fraud" or "thief" unless you can prove them. Fabricated or paid reviews that make false factual claims can be defamatory.
How fast must a platform remove content I report?
Under the IT Rules, 2021 as amended in February 2026, platforms must remove non-consensual nudity, sexual content or impersonation within 2 hours of a user complaint, remove other unlawful content complained of within 36 hours, acknowledge every grievance within 24 hours and resolve it within 15 days. If they fail, appeal to the Grievance Appellate Committee within 30 days.
What is the punishment for defamation in India?
Under Sec 356 BNS, simple imprisonment up to two years, or a fine, or both, or community service. The offence is bailable and compoundable, meaning the parties can settle it with the court's permission. Separately, a civil court can award damages and order the content removed.
I received a defamation notice for a post. What should I do?
Do not panic or reply publicly. Preserve your post and the facts behind it, and consult an advocate within the time the notice gives. Truth for the public good, honest opinion and a good-faith complaint to a lawful authority are full defences. The Magistrate must hear you before taking cognizance of a complaint, so you will get a chance to explain early.
This article is general information for awareness, not legal advice. For your situation, consult an advocate or call free legal aid at 15100.
