Anonymity vs Accountability: The Emerging Law of Online Defamation

The research paper pertains to the more than relevant contemporary issue of Publishing Defamatory Content against an individual or multiple individuals, a group or multiple groups by a person(s) or organization(s) through a social media account, webpage or any other online means, under the blanket of Anonymity.  This paper discusses the way to strike a balance between one’s freedom of speech and expression and other’s right of living with honour and dignity while publishing online content and avoiding ‘chilling effect of speech’ while at the same time ensuring one’s right of good reputation. Anonymous Defamation as only a tortious wrong has been dealt with. Defamation as a civil wrong is itself not well codified in Indian legal system and therefore the paper discusses the relevance and the need for codification of legislation for regulation of Defamation mainly Online Anonymous Defamation. The paper also highlights its increased occurrence in contemporary times. A few Indian and international cases highlighting the issue taken up are discussed.