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)

Leave a Reply

Your email address will not be published. Required fields are marked *

This field is required.

This field is required.


The following disclaimer governs the use of this website (“Website”) and the services provided by the Law offices of Kr. Vivek Tanwar Advocate & Associates in accordance with the laws of India. By accessing or using this Website, you acknowledge and agree to the terms and conditions stated in this disclaimer.

The information provided on this Website is for general informational purposes only and should not be considered as legal advice or relied upon as such. The content of this Website is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and the Law Firm. Any reliance on the information provided on this Website is done at your own risk.

The Law Firm makes no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, or suitability of the information contained on this Website.

The Law Firm disclaims all liability for any errors or omissions in the content of this Website or for any actions taken in reliance on the information provided herein. The information contained in this website, should not be construed as an act of solicitation of work or advertisement in any manner.