Issue legal notice to person to withdraw movie displayed on you tube and tender unconditional apology
2) if he refuses file complaint of criminal defamation against him under section 500 of IPC
3) also file civil suit for damages
A false case was registered against me and my son by a person against whom we registered a fir for doing fraud with us the case has been stayed by punjab and haryana high court but opposite party has displayed a movie on you tube which is clearly defaming me and my sons image what legal action can we take
Issue legal notice to person to withdraw movie displayed on you tube and tender unconditional apology
2) if he refuses file complaint of criminal defamation against him under section 500 of IPC
3) also file civil suit for damages
Hi, you can provide a complaint at the cyber cell ...It is a offence under cyber crime .. The police under its investigation can delete the video from Internet and can take appropriate action to avoid any further defamation..
This is the FAQ I found on youtube help channel:
1. Create a login.
2. When you are logged in, find the video and click on the “flag” link below the video.
3. A small window will open asking you to explain why the video is inappropriate.
4. Under the “Choose a Reason” drop-down menu, choose a reason for your complaint.
5. Click “Continue”
You can also file another FIR against the accused person under Information Technology Act.
Dear,
File another fir on that opposite party for defaming your's and your son image and file
a case of defaming against them.
Mention that pending case detail in your fir also.
And please mention that what type of movie he made of yours.
Hi
1) First and foremost you should issue notices to the opposite party that the said video posted in you tube is defamatory and ask the person
a) tender apology publicly by way of paper notices and
b) Remove the content from you tube.
2) In the event of the person not tendering apology or not removing the video content from you tube despite receipt of notices you should
a) File a defamation case under section 199 of Cr.P.C in the criminal court.
and
b) Wave the Flag in you tube:- Under each video on YouTube is a toolbar with buttons that perform different actions, with a Flag icon appearing on the far right. This is the flagging tool which allows you to report a video to YouTube staff for review. Click the button and provide details as to why the video should be removed. If the video violates YouTube’s Community Guidelines it will be removed; but if there is no violation, the video will not be removed no matter how often it is flagged.
3) Additional Reporting Options to You tube.
If you’d like to have a video removed for copyright or trademark violations, defamation or other legal reasons, you can submit a claim via YouTube’s legal web forms (link in Resources). Select the appropriate type of legal complaint and fill out the form accordingly.
4) Section 499 of Indian penal code defines defamation and you may pursue the same to know more about Defamation.
Hope this information is useful.
Yes, you can file defamation case and remove or delete it from YouTube.
Defamation in India is both a civil and a criminal offence. In Civil Law, defamation falls under the Law of Torts, which imposes punishment in the form of damages awarded to the claimant (person filing the claim). Under Criminal Law, Defamation is bailable, non-congnizable and compoundable offence.
Send the concerned person a legal notice calling upon him/her to forthwith remove the defamatory content from you tube.
In the meanwhile,you may report this problem with youtube and request them to pull down the explicit content.
If the legal notice is not complied with, report this matter to the cyber police.
Also, pursue civil and criminal defamation cases.
First of all make sure that you report the video of its content and how it is affecting you to YouTube by flagging it. Second of all defamation is both civil and criminal nature so you can subsequently file a defamation case under Section 499 and 500 of the Indian Penal Code. You can either approach the District Courts or the High Court of jurisdiction to file the case through a lawyer.
For the act of defamation there are two ways,
First file a Criminal Complaint with police under section 499 ,500 IPC for defamation.
Second file a civil suit for defamation for claiming damages for harm of reputation and mental harassment suffered by you against that person, further as interim relief from court pray before court to give order to stay and remove movie from youtube.
Further report the movie on YouTube and mail YouTube regarding same and ask them to discontinue the video.
Further collect evidence for suit from you tube,
If the video is inappropriate or false, then you can do the following:
1. Create a login to YouTube.
2. When you are logged in, find the video and click on the “flag” link below the video.
3. A small window will open asking you to explain why the video is inappropriate.
4. Under the “Choose a Reason” drop-down menu, choose a reason for your complaint.
5. Click “Continue”
If you find any substance which you may consider to defame you and your son thereby spoiling your name and reputation, you may first issue a legal notice seeking show cause as to why necessary legal action not be taken against them for such imputations and defamatory contents and also seek compensation for the damages.
If they fail to comply with the demands made or there is no response you may file defamation case and suit accordingly.