Friday, 13 January 2017


How do you avoid being sued for defamation? That’s easy. Don’t ever say anything interesting. If you do want to say something that might reflect negatively on someone else, there is always a chance that they will sue you for defamation.

It doesn’t matter how careful you are. Some people will sue out of spite or revenge, or to cause you financial pain, or because they feel they have to be seen to defend their reputation.

Some will sue to try to force you to retract, even though they know you’re right. Some sue for sport. But it’s rare. Usually people don’t sue, even when they have been defamed.

Still, defamation lawsuits, when they occur, are usually expensive, technical, drawn-out, stressful affairs. You are better off avoiding them if you can. So it makes sense to minimise the risks. You can do that by writing in a way that makes it hard to sue you.

Here are my twelve golden rules for minimising the risks of getting sued for defamation.

1. Be aware of what you’re saying

In defamation cases, you are liable not just for what you say expressly, but what ordinary people will read between the lines. You are also liable for publishing a defamatory statement made by someone else, even if you quote them accurately. You need to identify any “stings” in what you write the barbs that affect someone’s reputation. What will ordinary, reasonable, fair-minded people take it to mean?

2. Control the meaning

The first battle in a defamation case is usually over what the words mean. Don’t leave this to chance. Plaintiffs like to exploit ambiguity, claiming that the audience will understand it in a defamatory sense. You should try to eliminate ambiguity and convey your meaning precisely.

3. Only say what you can prove

Truth is usually the most important defence in a defamation claim. Ask yourself what evidence you could put before a court if someone challenged you, and how convincing that evidence would be.

Do you have sources? Are they credible? Do they have first-hand knowledge? Would they be willing to give evidence? If you’re relying on documents, do you have someone who can authenticate them?

4. Pick the right “tier” of meaning

Many defamatory statements involve some sort of accusation or allegation. The courts distinguish between different “tiers” of allegation, depending on how equivocally the accusation is put. At one end is an allegation of guilt – Jack is corrupt.

Next down is the suggestion that there are reasonable grounds to believe or suspect guilt – Jack is suspected of corruption; or Is Jack corrupt? Then there is an inference that there are reasonable grounds for inquiry – Police should investigate whether Jack is corrupt. It’s much easier to prove a third tier meaning like this than a first tier one. You only need evidence pointing to guilt rather than proof of it.

Rules 1 and 2 above suggest that you should pick out the tier that you know you can prove.

The safest thing to do is to use the exact language of the courts: There are reasonable grounds to suspect Jack is corrupt. That may be clunky, but it will seldom leave any ambiguity for plaintiffs to exploit.

5. Say what you don’t know

This follows from the above rules. If you are open with your audience about what you don’t know, and what you’re not alleging, then it’s very hard for a plaintiff to argue that readers will take more from it than that.

6. Use the language of opinion

There’s a defence called honest opinion (it used to be fair comment) for those who are expressing genuine opinions on accurate facts that are set out or understood by the audience. So make it clear that you’re expressing or republishing a view.

Say “I think”, “he believes”, “she reckons”, “they claim”. Say whose opinion it is. Use phrases that are evaluative, not factual – “I think his behaviour was disgraceful”. Use rhetorical questions rather than assertions of fact. Use visuals to clue readers in to the fact that they’re getting opinions, as in a letters to the editor page.

Instead of making factual allegations, use the word “seems” or “appears” (Jack seems to be corrupt), which at least opens the door for an opinion defence.

7. Make sure the opinion is based on true facts

Ideally, you should set those facts out, and keep them separate from the opinion. The facts don’t need to justify the opinion, they just need to provide a platform for it, so that the audience can tell it’s an opinion and have some idea about what it concerns.

If the facts are already in the public domain, you don’t need to do more than nod toward them.

8. Put them together

Why not take advantage of several defences at once? Jack is a police officer, I saw him at a caf being given a package by Nick; shortly afterward, the charges against Nick were dropped and Jack bought a yacht, so I think there are reasonable grounds to suspect Jack of corruption.

9. Take particular care with allegations of criminality and allegations about what’s going on in someone’s mind

If you’re accusing someone of a crime, or of (for example) lying, you need to have particularly strong evidence. It is difficult to prove someone’s state of mind, so you are better off talking about the person’s conduct itself (what she said was false/misleading) rather than stating baldly that she lied.

10. Take advantage of privilege defences

The Defamation Act lists a set of events that are more or less safe to report on: council meetings, press conferences, public inquiries and the like.

Even if people are slagging each other during those occasions, you are insulated from defamation if you report on them in a fair and accurate manner and in good faith. Get familiar with these rules.

You should also note that you have slightly more leeway in publishing criticisms of politicians, as long as you’re engaging in genuine political discussion and acting responsibly.

11. Act ethically

In many ways, this is your best protection against a lawsuit. If you act ethically, you’re less likely to make defamatory mistakes. If you do, the people you defame are less likely to sue you.

If they do sue, you’re more likely to have a defence. Even if you don’t have a defence, the judge and jury are likely to be sympathetic to you and damages are likely to be lower. How do you act ethically? Conduct obvious checks. Don’t rely on biased sources. Don’t say more than you know. Put your criticisms to those you are criticising before you publish, and include their responses. Be measured.

Be prepared to issue a correction and apology if you get something wrong. These steps will also position you well to argue for a defence of qualified privilege. Although this defence is in flux, it may be available to publications on matters of public interest where the publisher has acted responsibly.

You should try to position yourself to take advantage of the possibility that this defence will be available.

12. Bear in mind who you’re dealing with

Some people are much more likely to sue than others. Politicians, for example. Business people. Celebrities. People whose reputation is important to their livelihood and have the resources to take action. Also, take extra care writing about police and journalists. And, of course, lawyers.




The term defamation used to define the injury that is caused to the reputation of a person in the eyes of a third person. The injury can be done by words oral or written, or by signs or by visible representations. The intention of the person making the defamatory statement must be to lower the reputation of the person against whom the statement has been made in the eyes of the general public.

cyber defamation is a new concept but the traditional definition of the term defamation is application to the cyber defamation as it involves defamation of person through a new and a virtual medium.

Cyber defamation is publishing of defamatory material against another person with the help of computers or internet. If someone publishes some defamatory statement about some other person on a website or send emails containing defamatory material to other persons with the intention to defame the other person about whom the statement has been made would amount to cyber defamation.

Tips to avoid cyber defamation

1 Stick to true, verifiable facts and your personal observations, experiences, and reactions.

2 Don't use anyone's image for commercial purposes without express permissions.

3 If you base a character on a real, living persons, mask identifying features.

4 When in doubt, or when threatened with suit, consult an experienced attorney.


  • Be careful what personal information you share online including in email, on social networking sites like Facebook and Twitter and chat rooms. It is very easy to glean information about where you live, the places you love to go to in your area and the people you care about from posts and pictures.
  • Create a different email account for registering in social networking sites and other online spaces. It will help avoid spam and your personal email won´t be revealed if the online service doesn’t have a good privacy practice.
  • Do not feel obligated to fill out all fields when registering online or provide identifying information such as birthdates and place in required fields.
  • In your online user profile, use a photo that doesn’t identify you or your location, so you can’t be recognised.
  • Consider using a name that is not your real name or a nickname as your email name, screen name or user ID. And try not to use common dates such as your birthday as the digits in your email name or password. Instead, pick a name that is gender- and age-neutral. Treat your email and/or internet account like you would your credit card, ID or passport number – very carefully.
  • If you are breaking up with an intimate partner – especially if they are abusive, troubled, angry or difficult – reset every single password on all of your accounts, from email and social networking accounts to bank accounts, to something they cannot guess.
  • Services such as Facebook change their privacy policy all the time, so it isd idea to check your privacy settings to make sure you are sharing the information you want to share with people you trust and not the general internet public. Some sites have options for you to test how your profile is being viewed by others – test and make sure you only reveal what is absolutely necessary.
  • What information are family and friends posting about you? Let them know your concerns about privacy and help them learn better privacy settings.
  • Do an internet search of your name regularly and monitor where you appear online. If you find unauthorised info about yourself online, contact the website moderator to request its removal.
  • Make sure that your internet service provider (ISP), cell phone service, instant messenger (called internet relay chat, or IRC in some terms of service) network and other services you use has an acceptable privacy policy that prohibits cyberstalking. If they have none, suggest they create one and/or switch to a provider that is more responsive to user privacy concerns and complaints.
  • If you have a blog or personal website you maintain, please read the information on the next page.

What you should do if someone starts stalking you online?
  • Trust your instincts. If you feel uncomfortable or an online situation becomes hostile, remove yourself from the online space by logging off or surfing elsewhere, or block the other person´s access to you.
  • If you are receiving unwanted contact, make clear to that person that you would like him or her not to contact you again. Many women who have reported being harrassed do this and warn that any further contact will result in the filing of a police report. Depending on the harasser, engagement with the person can escalate or cease, so if you consider contact appropriate and necessary, do so once and document it.
  • Save all communications with the stalker for evidence. Do not edit or alter them in any way. Try using print screens, especially if the harrassment is happening in real-time.
  • If the harasser posts comments on your blog, keep copies but also consider unpublishing rather than deleting abusive posts.
  • Keep a record of your communications with internet system administrators or law enforcement officials if you report the stalker to authorities. Record-keeping is absolutely crucial so keep everything, even though the immediate desire might be to delete the communication from the stalker and try to forget about it. Back up these communications on another computer or removable memory stick or external hard drive.
  • Consider blocking or filtering messages from the harasser. Many email programs have a filter feature. Chat room contact can also be blocked, and you can activate the ‘IP address block’ option on your blog or website if someone posts harassing comments continuously.
  • If your internet searches reveal that the stalker is publishing harmful information about you in other online spaces, make a complaint to the moderators/managers of the external site. State that you view this as part of a continuing situation of online harassment towards you, and request that they either block the harrasser’s IP, remove posts, or caution the harrasser to cease or be blocked.
  • Tell your family and friends that someone is stalking you online. Being stalked – online or offline – is a traumatic experience and support from your family and friends is critical at this time to help you cope. Also check what they are revealing about you and their relationship with you in their online spaces, albeit inadvertently.
  • Tell your employer that someone is stalking you if you think this person may harass you in the workplace. Your employer will be more likely to back you up if they receive harassing or questionable messages about you from the cyberstalker, and they may be helpful in mitigating any professional damage.

   Where you are supposed to file a complaint.
  • If harassment continues after you have asked the person to stop and/or the harassment escalates, contact the harasser’s internet service provider. Most ISPs have clear policies prohibiting the use of their services to abuse another person. Often, an ISP can try to stop the conduct by direct contact with the stalker or by closing their account. If you receive abusive emails, identify the domain (after the “@” sign) and contact that ISP. Most ISPs have an email address such as abuse@domain name> or postmaster@domain name> that can be used for complaints. If the ISPhas a website, visit it for information on how to file a complaint. Follow up with the ISP and make sure action is being taken, and keep all communications with the ISP.
  • Check with your own ISP to assist in blocking a stalker’s access to you and consider changing services if they are insensitive to your requests or have no policies.
  • Check out which bodies or agencies are available in your country and community that can investigate and take action in online harassment cases. Contact the police or other relevant agency and inform them of the situation in as much detail as possible, providing copies of your documentation of the harrassment.
  • Remember to keep all communications with police as a record of evidence as well. Depending on your country, harrassment and stalking may not be typified as a crime, or local police may not be aware of recent applications of harassment law to cyberstalking. If you are not finding local recourse, consider appealing to national cyber-police mechanisms and/or women’s safety advocates. If you are having trouble contacting the right body, write to We’ll see if we can point you in the right direction.
  Stalking is something which is very popular among common man, even your facebook account can be stalked. In simple words, stalking is nothing but just viewing your account by someone else, but if that  person uses in an illegal way, then it becomes a big problem. They may take the photos you posted and morf your photo with someother person to do some illegal actions against you (blackmail). These things are very common nowadays. So stalking can happen anywhere and by anyone, I request you all to take security measures and keep your account secured  by not letting unwanted people to view your account. First learn to know who all are viewing your profile, be aware about that person who is stalking your profile often, then take necessary actions.



Cyberstalking is the use of internet or other electronic means to stalk or harass an individual, a group, or an organization. It may include false accusations, defamation, slander and libel. It may also include monitoring, identity theft, threats, vandalism, solicitation for sex, or gathering information that may be used to threaten, embarrass or harass.

Cyberstalking is often accompanied by realtime or offline stalking. In many jurisdictions, such as California, both are criminal offenses. Both are motivated by a desire to control, intimidate or influence a victim. a stalker may be an online stranger or a person whom the target knows. He may be anonymous and solicit involvement of other people online who do not even know the target.

Cyberstalking is a criminal offenses under various state anit-stalking, slander and harassment laws. A conviction can result in a restraining order, probation, or criminal penalties against the assailant, including jail.

Cyberstalking includes but is not limited to:

 • harassment, humiliation and embarrassment of the person targeted

 • harassing family, friends and employers to isolate the person

 • tactics to make the target fearful

 • taking on the identity of the other person

 • monitoring (e.g., using Facebook notifications to find out where the person is going,  using spy ware, activating GPS)

 Cyberstalking can be difficult to address due to:

• stalker anonymity

• law enforcement assumption that a stalker located far away will not travel to follow up

 on threats

• the stalker encouraging online buddies to participate in the harassment, increasing

 How people experience cyber stalking
Through mobile phones

 SMS/Calls If a stalker can obtain your mobile number, they may harass you through SMS messages and phone calls. They may use it in combination with GPS to reveal that they know your location. Stalkers can also use spyware to intercept your messages and calls.

GPS GPS may tell you what coffee shops are nearby, but it can also let others know where you are. The fortunately defunct Girls Around Me app was a perfect storm of GPS info and unscrupulous developers.

Photos Photos have information embedded in their properties that include when and where you took them. It can also be possible to decipher the location based on what's in the image.
Through laptops

SOCIAL MEDIA It's very easy to glean information about where you live, the places you visit regularly and the people you care about from posts and pictures. Your friends might also unintentionally reveal information about you.
ONLINE CHATTING Stalking from online acquaintances can happen in chatrooms. Also, if you use the option to "automatically remember your password," anyone using your computer can log in to your messenger services.
 BLOGS Stalkers like to hang out in comment spaces and post threats and insults. This is especially common when the stalker is someone unknown to you.
 EMAIL Email addresses are often attached to real names and profiles, and stalkers may use these to contact you directly. Again, spyware can be used to access your private email.
WEB CAMS Stalkers use spy ware to access webcams and film people without their knowledge or consent.


1. Know Your Data
Understand the data your company has on hand and what is at risk. A company can’t fully know how much is at risk until they understand the nature and the amount of data they have.
2. Back It Up, and Back It Up, and Back It Up Again
Create file back-ups, data back-ups and back-up bandwidth capabilities. This will help a company to retain its information in the event that an extortion occurs.
3. Phishing: Meet Training
Train employees to recognize spear phishing. Cyber security is not just an IT issue, it is an HR issue. All employees should learn the importance of protecting the information they regularly handle to help reduce exposure to the business.
4. Who, Who Are You?
Do background checks on employees. Background checking employees can help identify whether they have criminal pasts.
5. Set Limits
Limit administrative capabilities for systems and social footprints. The fewer employees who have access to sensitive information, and the less access, the better.
6. Keep the Bad Guys Out ...
Ensure systems have appropriate firewall and antivirus technology. After the appropriate software is in place, evaluate the security settings on software, browser and email programs. In doing so, select system options that will meet your business needs without increasing risk.
7. ... But Be Prepared in Case They Get In Anyway
Have data breach prevention tools, including intrusion detection. Ensure employees are actually monitoring the detection tools. It is important to not only try to prevent a breach but to make sure that if a breach occurs the company is aware as soon as possible. Time is of the essence.
8. Patch, Patch, and Keep on Patching
Update security software patches in a timely manner. Regularly maintaining security protections on your operating system is vital to them being effective over time.
9. Down with DDoS
Invest in protection against distribution denial-of-service attacks. It is important to have the ability to avoid or absorb attacks meant to overwhelm or degrade your systems.
10. Fast Response Plan
Put a plan in place to manage a data breach. If a breach occurs, there should be a clear protocol for which an employee is managing the situation, and what action should be taken, such as informing the insurance provider and so on.
11. Keep Your Insurance Current
Protect your business with insurance coverage designed to address cyber risks. Insurance coverage typically includes liability protection when individuals who have been affected hold a company responsible for information compromised and will help pay for a company’s cost in dealing with a breach.


Demanding huge amount of money through internet otherwise the company data or information of an individual will be leaked. Nowadays demanding of ransom after kidnapping also done
through internet via e-mail is called Net Extortion.

Reasons behind Net Extortion:

Some criminals think to have huge amount of money in small time by doing software piracy and demanding ransom against that company.

 Criminals thinks that if they demand for ransom through net they can’t be traced, so they commit crime like kidnapping or software piracy and demand money from the victim through an e-mail or through chat.

 Some hackers/ criminals do random chatting in a chat room with girls/ women’s and they try  to win their confidence after which they force or excite them to get nude on cam, which they record it and then demand for ransom or physical relationship with them.


 A company that protects personal account information of a customer has to be on the lookout for individuals who wish to put them in a compromising situation when it comes to another's funds. Raj B Lonsane states that it is important to know how to tackle this from an angle that is highly sophisticated.

a) Banks have to update their security so that the attacker doesn't familiarize himself/herself with the way the framework is designed. before finally hacking into it states Raj B Lonsane.

b) Raj B Lonsane adds that banks should advise customers on reporting any kind of money deduction that they aren't aware that they were a part of. Whether a small or big amount, banks should encourage customers to come forward and openly tell them that this could mean that an act of fraud could very well be the scenario.

c) Most important according to Raj B Lonsane is that customers should ideally not store information online when it comes to bank details. But of course they can't help the fact that banks rely on network that has all cutomers hooked onto a common platform of transactions that require a database. The safe thing yo do is to make sure the bank/website is highly trusted and hasn't been a part of a slanderous past that involved fraud in anyway.

  How to identify the salami attack                            

The only way to detect salami attack according to me is to perform rigorous box testing by checking each and every line of code which is exhaustive but that's the only way.

source: wikipedia