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Bibliography Statutes: Books

This document provides a bibliography of sources related to cyber defamation laws in India, including statutes, books, articles, websites, and case laws. It lists the Information Technology Act of 2000 and the Indian Penal Code of 1860 as relevant statutes. Key cases cited include Kalandi Charan Lenka Vs. State of Odisha, which involved stalking and posting of obscene content online, and Rajiv Dinesh Gadkari vs Smt. Nilangi Rajiv Gadkari, which dealt with uploading of vulgar photos and defamation after divorce. Articles and theses discussed analyze cyber defamation laws and compare them across jurisdictions.

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Arushi Bisht
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96 views5 pages

Bibliography Statutes: Books

This document provides a bibliography of sources related to cyber defamation laws in India, including statutes, books, articles, websites, and case laws. It lists the Information Technology Act of 2000 and the Indian Penal Code of 1860 as relevant statutes. Key cases cited include Kalandi Charan Lenka Vs. State of Odisha, which involved stalking and posting of obscene content online, and Rajiv Dinesh Gadkari vs Smt. Nilangi Rajiv Gadkari, which dealt with uploading of vulgar photos and defamation after divorce. Articles and theses discussed analyze cyber defamation laws and compare them across jurisdictions.

Uploaded by

Arushi Bisht
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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BIBLIOGRAPHY

Statutes
o The Constitution of India,1950
o The Indian Penal Code,1860
o Information Technology Act, 2000

Books
1. David Bainbridge, Introduction to Computer Law, Pearson Longman, Essex UK 2004
2. Majid yar, Cybercrime and Society, Sage Publication, London 2006
3. Verma S.K., Mittal Raman, Legal dimensions of Cyberspace, Indian Law Institute, New
Delhi 2004

Articles

1. Barry J. Waldman, A Unified Approach to Cyber-Libel: Defamation on the Internet, a


Suggested Approach, Richmond Journal of Law & Technology, Fall, 1999, 6 Rich. J.L.
& Tech. 9
2. Eric J. McCarthy, Networking in cyberspace: electronic defamation and the potential for
international forum shopping, University of Pensylvania Journal of International Business
Law, 16 U. Pa. J. Int'l Bus. L. 527
3. K. Jaishankar, Cyber Hate: Antisocial networking in the internet, 2008 International
Journal of Cyber Criminology July - December 2008, Vol 2 (2): 16–20
4. Shawn A. Bone, Private Harms in the Cyber-World: The Conundrum of Choice of Law
for Defamation Posed by Gutnick v. Dow Jones & Co., Washington & Lee Law Review
62 Wash & Lee L. Rev. 279
Websites

1. Asian School of Cyber Laws (Blog) “https://www.asianlaws.org/blog/2015/12/16/xx-


crazy-facebook-crimes/”
2. Beware of Cyber-libel: If you wouldn't say it in a newspaper, don't 'say' it on the net
http://library.findlaw.com/2001/Jan/1/127167.html
3. Cyberlaws.Net “http://cyberlaws.net/cyberindia/defamation.htm”
4. Important elements of the internet applicable to cyber libel
“http://www.cyberlibel.com/elements.html”
5. What Was the Password? http://www.outlookindia.com/printarticle.aspx?Regulation Of
Defamation Over The Internet: Jurisdictional Issues
“http://www.ebcindia.com/practicallawyer/index2.php?”
6. US cases on cyber libel

“http://www.dba oracle.com/internet_cyberlibel_usa_cases_message_boards_forums.htm”
Case List
Kalandi Charan Lenka Vs. State of Odisha ,BLAPL No. 7596/2016
M.J.Akbar v. Indian Institute of Technology, Madras MANU/TN/1677/2009

Maneka Gandhi vs. Union of India, 1978 AIR 597 

  Rajiv Dinesh Gadkari through P.A. Depamala Gadkari vs Smt. Nilangi Rajiv
Gadkari 2018(1) MHLJ 511.

SMC Pneumatics (India) Pvt. Ltd. v. Jogesh Kwatra, CS(OS) No. 1279/2001
Traditional Cat Association Inc v Laura Gilbreath 13 Cal.Rptr.3d 353, 358 (Cal. Ct. App. 2004).

Aur cases le lo na

 Kalandi Charan Lenka Vs. State of Odisha 1

  In this, the petitioner was continuously being stalked, and a fake account of her was
later created and obscene messages were sent to the friends by the culprit. A morphed
naked picture was also posted on the walls of the hostel where the victim stayed. The
court held the culprit liable for his offence.

The informant is a student studying at the Women's College Pattamundai in


Pattamundai. Among other items, it is alleged that her father has three daughters and
that his first daughter is a mentally retarded girl and that the second daughter is the
informant. The victim girl came in her mobile alleging her character while researching
unknown obscene messages at School. Before this also from unknown mobile
number, pornographic messages influencing the informant's character also came
across her father's cell phone. Her father after passing the message became sorry and
told the informant-victim about the matter. Thus, the victim's wife became mentally
disturbed to see these disgusting texts. The written letters containing obscene
languages imputing the victim girl's character then came to her father during the year
2015-2016. Those letters came with sexual comment and a template that denigrated
1
Kalandi Charan Lenka Vs. State of Odisha ,BLAPL No. 7596 of 2016
the victim girl's character. The messages not only influenced the victim girl's character
but also linked the other male members to the victim girl for having sex. The Cyber
Cell of the Crime Branch had investigated the same issue, and the High Court held
that the accused was prima facie liable for sexual harassment offenses under Section
354A, 354D for cyber stalking under the Indian Penal Code, 1860, Section 66-C for
identity theft, Section 66-D for impersonation and Section 67 and 67 for electronic
transmission of obscene and sexually explicit content. Therefore, the application for
the bail was also rejected.   

  Rajiv Dinesh Gadkari through P.A. Depamala Gadkari vs Smt. Nilangi Rajiv
Gadkari2 – In this case, after receiving a divorce letter from her husband, the
respondent filed a suit against the husband for continuously harassing her by
uploading vulgar photographs and defaming her. The offence has already been
registered and maintenance of Rs. 75,000 per month has been claimed by the
wife(respondent).

Lit for life

Navdeep Kaur Gill and Faaiz Anwar in their article titled “Cyber Defamation” in 2019
IJRAR March 2019, Volume 6, Issue 13 talks about Cyber defamation as a slander
conducted via digital media, usually through the Internet and what are the different laws
governing it and what actions against the violation of cyber defamation should be taken.
the paper deals with other times of cybercrimes also.

2
 Rajiv Dinesh Gadkari through P.A. Depamala Gadkari vs Smt. Nilangi Rajiv Gadkari 2018(1) MHLJ
51 1.
3
2019 IJRAR March 2019, Volume 6, Issue 1 (E-ISSN 2348-1269, P- ISSN 2349-5138) available on
“www.ijrar.org”
Mrs. Vatsla Sharma thesis titled “Efficacy of Existing Laws in Combating Cyber
Crimes in India: A Critical” 4in that the author talks about the different cyber crimes in
India and the laws governing it. Further, the author talks about cyber defamation and it’s
meaning along with the supporting cases to explain the concepts deeper. She has
compared Indian laws with other countries law structure as well. Challenges faced by
Indian judiciary and the victims.

4
Mrs. Vatsla Sharma thesis titled “Efficacy of Existing Laws in Combating Cyber Crimes in India: A
Critical available at “https://shodhganga.inflibnet.ac.in/bitstream/10603/120167/10/mrs.%20vatsla
%20sharma%20thesis.pdf”

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