The Legal provisions that the owners of Youtube channels must know: Updated provisions

Youtube channels have become a trend since the rise of several Youtubers in this niche. There are several things these channel operators and other content creators must know before posting any kind of videos on YouTube. Let’s delve into details about legal provisions which will be applicable in case a posted video harms the rights of an individual.

What are the applicable provisions if a YouTube video harms the rights of an individual?

There are cases where a roasting video often harms the rights of an individual like targeting on social media and often passing defamatory statements. Section 356 of the Bharatiya Nyaya Sanhita, 2023 would be applicable in case of the defamation of any person whether it’s made in online or offline mediums. There can be a punishment of 2 years of imprisonment in case a person defames another person on social media. Section 356(2) of the Bharatiya Nyaya Sanhita, 2023 added community service but as an alternative punishment.  While Section 356 of BNS, 2023 regards defamation as an offence, there are some harms that it may cause which are as follows:

• Ironical expressions are also a part of defamation as it may cause indirect harm to the reputation of an individual.
• There can be harm caused to the reputations of an individual which includes the lowered morale of an individual and also, it may also affect the credibility of that person in the society.
• This sections also recognizes that in case a statement is also made against a deceased person then that will also amount to defamation as the credibility of a deceased person is also recognized under this section.

Section 352 of the Bharatiya Nagrik Suraksha Sanhita, 2023 would be applicable in case a content creator on YouTube or any other social platform tries to provoke a person for breaking the social peace. Here, there can be an imprisonment of up to two years or there may also be a fine applicable in case damages have to be paid for the damage to the reputation. A content creator must refrain from engaging in practices that can be considered defamatory or directly or indirectly may harm the credibility of a third party.

The updated provisions of BNS, 2023 will be applicable after 1st July 2023 under which an individual can be punished for defamation.

Contributed by: Abhiraj Singh

(Sushant University, 2021-26)