Sample Exercise on legal actions and strategy against online

defamation

Sample Exercise on legal actions and

strategy against online defamation

Learning objectives:
1. To understand the difference between a complaint and an FIR/ cyber complaint.
2. Deciding when to file a complaint and when to lodge an FIR/ cyber complaint.
3. Learning the most important pointers before drafting a complaint and an FIR/ cyber
complaint.
4. Know the most common mistakes committed while drafting a complaint and an FIR/
cyber complaint and how to how to avoid them to draft a bulletproof complaint and
FIR/ cyber complaint.

Exercise 1 - Strategy against cyber defamation:

TinTin international University of Management is a reputed university in Industan. Ms.
Basanti is a 1st year MBA student. She is famous for her aggressive and notorious
behaviour throughout the university. She somehow managed to pass her first semester but
failed in one of her subjects in second semester.

She tried to bribe the concerned lecturer Mr. Chaganlal, to get good marks in the exams.
On his refusal, she misbehaved with him. Mr. Chaganlal is a very reputed 50-year-old
lecturer having a 20 years record of excellent performance in the university. He complained
to the management regarding the same. An enquiry committee was set up by the university
to investigate the matter and give a report to management.

Suddenly the #MeeToo movement came into the limelight. To save herself from the strict
action from the committee, she decided to use it as a tool. She went on Crashbook which is
a very popular social media platform in Industan and wrote a post against the university
and Chaganlal.

In her post, she mentioned that the university has lost its glory and has become a place full
of goons and drug addicts. Moreover, lecturers like Chaganlal abuses female students
sexually to increase their marks. When she refused to do any sexual favors to Chaganlal,
she failed in the examination. When she tried to complain against him to the management,
she was asked to keep her mouth shut and instead, and an enquiry was started against her.

The news was picked by the media and soon everyone was discussing the bad situation in
the university and character of Chaganlal. One old student of the university Ramareddy
wrote on her post that “It feels so bad that due to bad management university has lost its
reputation. Professors like Chaganlal should be immediately removed.” Another girl Pinky
wrote that “I was considering applying for admission in the college, but after reading this
post, I will never take admission to the college. Rapists like Chaganlal should be

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Sample Exercise on legal actions and strategy against online
defamation

immediately arrested along with those in the management, who supported him.” There
were many similar comments on the post by activists, students, and supporters of
#MeeToo. However, there were thrice as many comments on the same post in support of
Chaganlal and the college by existing and old students.

You are a very reputed lawyer. The University has approached you to save them from this
situation.

1. Advise them that whether the post by Basanti on Crashbook can be considered as
defamation or not.
2. Assuming that defamation is a cognizable offense in your state as per state
amendment in Cr.P.C. Advise them whether they should file an FIR or a complaint in
such a situation? Feel free to identify provisions of the Information Technology Act
and applicable rules. Would your advice change if the offense is non-cognisable?
3. Assume that there is no cyber cell in your city. What remedy will you seek in such a
situation?
4. University and Chaganlal want to take combined action against Basanti. Can they do
so? What will happen if Chaganlal wants to take independent action without the
support of the university?
5. Advise regarding the first step they should take to get immediate remedy in this
situation.

[10 marks - 2 marks for each Qs]

Exercise 2 - Drafting work

1. Draft a legal notice on behalf of the University. Claim an appropriate request in the
legal notice. [5 marks]

2. Draft an FIR and complaint on behalf of university and Chaganlal assuming that
defamation is a cognizable offense in one situation and a non-cognisable case in
another. [Copy-paste the complaint in writing in an appropriate format]. [5 marks]

Reference Materials
● Section 499 IPC
● Section 66F, Information Technology Act
● Study materials on the learning management platform, Module 12: Cyber Crimes and
Banking Frauds

○ Template of Legal Notice

○ Template of complaint in writing (for lodging FIR)
○ Template of complaint to be filed before a magistrate when the police do not
register FIR (adapt the format to your situation as a regular complaint to the
magistrate to be filed in a complaint case)

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Sample Exercise on legal actions and strategy against online
defamation

○ Chapter on How to Draft a Criminal Complaint

○ Chapter on How to Draft a Cyber Complaint

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