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Can I Seek Removal of Defamatory Content as Part of Criminal Proceedings in Kolkata?

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(@Naman khandelwal)
Joined: 2 weeks ago
[#3920]

Defamatory content about me is circulating on multiple websites and social media platforms and I have filed a criminal complaint. Can the criminal court pass an order directing removal or takedown of defamatory online content as part of the criminal proceedings or must I file a separate civil suit for this relief in Kolkata?


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(@advocate-mudit-pratap)
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Joined: 2 months ago

If you're pursuing a criminal defamation complaint in Kolkata, you likely want the offending content taken down as much as, or even more than, you want the person prosecuted, and the good news is that you don't need to treat these as entirely separate goals, since Indian courts and law recognise mechanisms to seek removal of harmful content alongside criminal proceedings. Under Section 79 read with the Intermediary Guidelines and Digital Media Ethics Code Rules framed under the Information Technology Act, you can request the platform hosting the defamatory content to remove it, and platforms are generally required to act on legitimate takedown requests, particularly when accompanied by a court order or a formal complaint referencing applicable legal provisions.

Beyond direct requests to platforms, you can also approach the court handling your criminal complaint to seek interim directions for removal of the content as part of the broader relief you're seeking, particularly where the continued presence of the defamatory material causes ongoing harm to your reputation while the criminal case proceeds. Courts have increasingly recognised that criminal defamation proceedings alone, which can take considerable time, don't adequately address the urgent need to stop ongoing reputational damage, and have been willing to grant interim relief directing removal where the defamatory nature of the content is reasonably clear.

Alternatively, or in addition to your criminal complaint, a civil suit specifically seeking an injunction for removal of the defamatory content can move more quickly than criminal proceedings and is often the more direct route to getting content taken down promptly, while your criminal complaint proceeds separately to address accountability and potential punishment for the person responsible.

Because effectively combining content removal with your criminal complaint requires understanding which legal mechanism will act fastest for your specific situation, it's worth discussing your priorities clearly with your advocate from the outset. Aapka Legal Advice can help you pursue both removal of the content and accountability for the person responsible, in whatever combination serves your interests best.

If you want defamatory content about you removed while also pursuing criminal accountability in Kolkata, both goals are achievable together. Consult experienced criminal lawyers in Kolkata about the fastest way to get harmful content taken down.


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