IndiaA website published defamatory content about me. How do I get it removed?
You can request removal directly from the website, file a complaint with the intermediary under IT Rules 2021, or approach a court for a takedown order under defamation law.
What the Law Says
Indian law treats online defamation as both a civil wrong (tort) and a criminal offence. Intermediaries like websites must follow due diligence obligations under the IT Act and Rules to avoid liability — including removing unlawful content upon receiving actual knowledge.
Under the Information Technology Act, 2000, intermediaries (e.g., websites, platforms) are not liable for third-party content — but only if they observe due diligence. This includes acting within 36 hours of receiving 'actual knowledge' of unlawful content — such as defamation — and removing it expeditiously.
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 require every significant social media intermediary to appoint a Grievance Officer and resolve complaints — including defamation claims — within 15 days. Rule 3(1)(b) mandates that intermediaries 'remove or disable access to any information' that is 'manifestly illegal' within 24 hours of receiving a complaint.
Criminal defamation is punishable under Section 499 and 500 of the Indian Penal Code, 1860. Section 499 defines defamation as making or publishing an imputation harming reputation — by words, signs, or visible representations — unless it falls under one of ten exceptions. Section 500 prescribes punishment: simple imprisonment up to two years, or fine, or both.
Statutory TextWhere any person is accused of having committed an offence punishable under section 499, the burden of proving the truth of such imputation shall be on the accused.
— Indian Penal Code, 1860, s. 499 — Defamation
Statutory TextWhoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
— Indian Penal Code, 1860, s. 500 — Punishment for defamation
Statutory Textremove or disable access to any information, data or communication link within thirty-six hours of receiving actual knowledge...
— Information Technology Act, 2000, s. 79(3)(b) — Limitation of liability
What Courts Have Said
Indian courts have clarified when platforms must act on defamation complaints and affirmed users’ right to seek urgent takedowns.
The Court struck down Section 66A of the IT Act as unconstitutional but upheld Section 79 with safeguards — confirming that intermediaries must act only upon court or government orders, or where actual knowledge is established through legally valid notice.
Held that intermediaries must act expeditiously upon receiving a legally compliant takedown notice — and failure to do so may attract liability under Section 79(3).
What to Do
Send a written legal notice to the website/platform citing the defamatory content, quoting IPC Sections 499–500, and demanding removal within 24–48 hours.
File a formal complaint via the platform’s grievance officer (mandatory under IT Rules 2021, Rule 3(1)(b)) — keep proof of submission.
If no action is taken in 15 days, escalate to the Ministry of Electronics & IT (MeitY) Grievance Redressal Portal (https://grievance.mheit.gov.in).
Approach the local District Court for an injunction or file a criminal complaint under IPC Sections 499–500 — police may issue a takedown direction under Section 165 CrPC.
For urgent cases, file an application for interim relief before a High Court seeking mandatory removal.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.