BNS 2023: Law does not allow unverified family dispute allegations on social media and news portals
Under the Bharatiya Nyaya Sanhita, publishing unverified allegations from private family disputes on social media or digital news platforms can invite criminal.
The Bharatiya Nyaya Sanhita (BNS), 2023, does not provide any special exemption for social media users, journalists, or digital news portals to publish unverified allegations taken from private family disputes. Legal experts say such posts can expose both the person making the claim and the platform publishing it to legal action if the information turns out to be false or misleading.
They point to the provisions under Section 356 of the BNS, which deals with criminal defamation. The law makes it an offence to publish a statement or imputation that harms a person’s reputation if it is done with the intention to cause harm, or with knowledge that it is likely to damage reputation.
Section 356 applies to online posts and reporting
Section 356 is not limited to traditional media. Experts note that it covers newspapers, television, online news portals, websites, and social media platforms. The same legal exposure can arise when content is shared quickly, even if it is circulated as “news” or commentary. The prescribed punishment may include up to two years’ simple imprisonment, a fine, community service, or a mix of these penalties.
The law also extends protection beyond the individual. Explanation 1 to Section 356 covers statements that adversely affect the reputation of a person’s family or near relatives, meaning that allegations against close family members can also fall within the scope of defamation.
Exceptions exist, but verification still matters
The BNS recognises limited exceptions to criminal defamation. These include cases such as publication of truthful information made for the public good, fair comment on the public conduct of public servants, and fair and accurate reporting of judicial or legislative proceedings made in good faith. However, experts say publishing allegations without verifying their accuracy does not act as a defence.
They also highlight that digital publishers may have to follow requirements under the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These rules require grievance redressal mechanisms and compliance with lawful takedown directions. Electronic records such as screenshots, videos, audio recordings, and social media posts are also recognised as admissible evidence, which can make online content easier to use in court.
Before publishing claims from private disputes, experts advise that organisations should ensure the information is independently verified and serves a genuine public interest. Presenting rumours or one-sided allegations as facts may increase the risk of defamation complaints and other legal consequences.
