How to report online hate speech and defamation under the IT Act and BNSS

1. The situation

You are scrolling through Reddit or X (formerly Twitter) and see a viral thread about a young activist from Manipur. The post doesn't just disagree with their climate policy; it calls them a "fascist," a "traitor," or a "fraud," and the comments are filled with threats of violence or leaked personal details (doxxing). You wonder: is this just an edgy opinion, or is it a crime?

In the Indian digital space, the line between free speech and illegal content is often blurry. Whether you are the target of a smear campaign or a witness to inflammatory speech that could spark real-world violence, you don't have to be a passive observer. If you see content that crosses into defamation or inciting communal hatred, there is a specific legal playbook to get it taken down and hold the creators accountable.

2. What the law actually says

Since July 1, 2024, the legal landscape for online speech in India is governed by the Bharatiya Nyaya Sanhita (BNS), 2023 (which replaced the IPC) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Key Sections of the BNS 2023

• Section 196: This deals with promoting enmity between different groups on grounds of religion, race, place of birth, residence, or language. If a post targets an activist or a community in a way that creates disharmony, it falls here. This is a cognizable offence, meaning the police can arrest the perpetrator without a warrant.
• Section 353: This covers statements conducing to public mischief. If someone circulates a "fake news" report or a rumor online (e.g., about an activist's funding or intentions) with the intent to cause fear or alarm to the public, they can be prosecuted under this section.
• Section 356: This is the law on defamation. It applies when someone makes or publishes an imputation concerning any person, intending to harm their reputation. Unlike the old laws, the BNS includes specific provisions for digital records.
• Section 352: Deals with intentional insult with intent to provoke a breach of peace. If a troll is using abusive language specifically to make you or someone else react violently, this applies.

The IT Rules, 2021

Under these rules, platforms like Reddit, X, and Instagram are called "Intermediaries." They have "safe harbour" protection, meaning they aren't responsible for what users post—unless they fail to remove illegal content after being notified.

Rule 3(1)(b) states that platforms must make reasonable efforts to ensure users do not upload content that is:

1. Defamatory or libellous.
2. Invasive of another's privacy.
3. Promoting enmity between groups.
4. Threatening the unity, integrity, or security of India.

Every Significant Social Media Intermediary (platforms with over 50 lakh users) must appoint a Resident Grievance Officer based in India to handle these complaints. For more on how these rules apply to institutions, see our guide on POSH at workplace and college.

3. Your step-by-step playbook

If you encounter content that you believe violates the BNS or the IT Act, follow these steps to ensure your report is legally robust.

Step 1: Secure the evidence (The Digital Paper Trail)

Do not just take a screenshot. Screenshots can be faked and are often challenged in court.

• Capture the Metadata: Use a desktop browser to copy the full URL (permalink) of the post.
• Use Archiving Tools: Use archive.is or the Wayback Machine to create a permanent, timestamped snapshot of the page. This ensures that even if the user deletes the post, the evidence remains accessible.
• Screen Record: If it is a video or a live stream, use a screen recorder to capture the content, the account handle, and the number of views/shares at that moment.

Step 2: Report to the Platform Grievance Officer

Every major platform has a specific mechanism for Indian users to report content under the IT Rules 2021.

• Find the Link: Look for the "Grievance Redressal" page in the platform's footer or Help Centre.
• What to Write: State clearly that the content violates Rule 3(1)(b) of the IT Rules 2021 and specify the BNS section (e.g., Section 356 for defamation or Section 196 for hate speech).
• The Timeline: The platform must acknowledge your complaint within 24 hours and resolve it within 15 days. If the content is sexually explicit or depicts nudity, they must remove it within 24 hours of the report.

Step 3: File a complaint on the National Cyber Crime Reporting Portal

If the content is serious (threats of violence, doxxing, or communal incitement), report it to the Ministry of Home Affairs (MHA).

• Visit: cybercrime.gov.in.
• Choose the Category: Select "Report Other Cyber Crime" (unless it involves women or children, which has a priority portal).
• Upload Evidence: Attach your archived links and screenshots. Provide the handle/ID of the perpetrator and the platform name.
• Anonymous Option: You can report anonymously, but providing your details makes the case stronger if you want the police to follow up. For more details, check our Cyber Crime reporting portal guide.

Step 4: Filing an FIR for Cognizable Offences

If the online hate speech is likely to cause real-world unrest (common in sensitive regions like Manipur), you should file an FIR.

• Go to the Police Station: You can go to any police station to file a "Zero FIR" under Section 173 of the BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023). They cannot refuse you by saying it happened in a different jurisdiction.
• Quote the Precedent: If the officer refuses to register the FIR, mention the Supreme Court judgment in Lalita Kumari v. Govt. of U.P. (2014), which makes it mandatory for police to register an FIR if the complaint discloses a cognizable offence.
• The Procedure: You can find the full walkthrough in our guide on How to file an FIR (and what to do if police refuse).

Step 5: Escalate to the Grievance Appellate Committee (GAC)

If the social media platform's Grievance Officer rejects your request to take down the content, you can appeal to the government's GAC.

• Visit: gac.gov.in.
• Timeline: You must file the appeal within 30 days of receiving the platform's decision. The GAC is designed to be a digital-first, youth-friendly way to override platform bias.

If the online toxicity is affecting your mental health, please reach out to professional support. See our list of Mental health helplines (iCall, Vandrevala, NIMHANS). To learn more about other ways to take action, Browse all civic-action guides.

Where it usually breaks

Reporting online hate speech in India isn't always a smooth "click and solve" process. Here is where the system typically fails and how you can push through:

1. The "Opinion" Shield: When you report someone calling an activist a "fascist" or "fraud," platforms often send an automated reply stating the content "doesn't violate our community standards." They treat it as political opinion.

   • Workaround: Don't just report for "hate speech." If the post includes a call to violence or leaked address, report it specifically for "Harassment" or "Privacy Violation." Under Rule 3(2)(b) of the IT Rules 2021, platforms are mandated to remove content showing nudity or private acts within 24 hours, but for defamation, they are slower. If the Grievance Officer ignores you, escalate to the Grievance Appellate Committee (GAC) at gac.gov.in.

2. The Jurisdictional Runaround: If you go to a local police station in, say, Delhi, to report a post about an activist in Manipur, the officer might tell you, "Go to Manipur police; this isn't our problem."

   • Workaround: Remind them of the concept of a Zero FIR. Since online crimes have no physical boundaries, any police station is required to register the complaint and then transfer it to the relevant station. If they refuse, use the National Cyber Crime Reporting Portal (cybercrime.gov.in). This forces a digital paper trail that the Ministry of Home Affairs (MHA) monitors.

3. The Anonymity Wall: Trolls on Reddit or X often use VPNs and fake handles. The police might tell you they "can't track the IP."

   • Workaround: Under Section 3(j) of the IT Rules 2021, the government can require "Significant Social Media Intermediaries" to identify the "first originator" of information for offences related to the sovereignty of India or public order. While this is high-level, your job is to provide the unique User ID (not just the display name) and the timestamped URL. Let the Cyber Cell handle the legal request to the platform.

4. Police Refusal to File FIR: Even with clear evidence of BNS Section 196 (promoting enmity), police may just take a "complaint" and not register an FIR.

   • Workaround: Cite the Supreme Court judgment in Lalita Kumari v. Govt. of U.P. (2014). The court ruled that registration of an FIR is mandatory under Section 154 of the CrPC (now Section 173 of the BNSS) if the information discloses a cognizable offence. If they still refuse, send your complaint via Registered Post to the Superintendent of Police (SP).

Templates / script

A. Formal Complaint to the Platform Grievance Officer

Subject: Formal Grievance under IT Rules 2021 – [Link to offensive post]

To, The Resident Grievance Officer, [Platform Name - e.g., Reddit Inc. / X Corp]

I am writing to report content that violates Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

• URL of Content: [Paste link]
• User Handle: [e.g., @username]
• Nature of Violation: The content promotes enmity and hatred against [Name/Community] and contains defamatory imputations (Section 356 BNS) and insults intended to provoke a breach of peace (Section 352 BNS).
• Specific Details: The post labels a private citizen as a "traitor" and "fascist" without evidence, inciting a mob to harass them.

I request you to acknowledge this receipt within 24 hours and resolve the complaint within 15 days as mandated by Indian law.

Regards, [Your Name]

---

B. Cyber Cell / Police Complaint Draft (BNS 2023)

To, The Officer-in-Charge, Cyber Crime Cell, [City/District]

Subject: Complaint regarding online defamation and promotion of communal disharmony under BNS 2023.

Respected Sir/Madam,

I wish to report a cognizable offence occurring on the digital platform [Platform Name].

1. Accused: User [Handle/Username] at URL [Link].
2. The Offence: On [Date], the accused published a post/comment stating [Quote the specific hate speech/defamation].
3. Legal Provisions: This content violates:
   • Section 196 BNS: Promoting enmity between groups.
   • Section 353 BNS: Statements conducing to public mischief.
   • Section 356 BNS: Defamation via digital record.
4. Evidence: I have attached timestamped screenshots and an archived link (archive.is) of the post.

I request you to register an FIR under the relevant sections of the Bharatiya Nyaya Sanhita (BNS) and the IT Act.

[Your Name] [Your Phone Number] [Your Address]

FAQs

1. Is calling someone a "fascist" actually illegal in India?

Calling someone a "fascist" or "fraud" in a political debate is usually protected as free speech. However, it becomes illegal under Section 356 of the BNS (Defamation) if it is a false statement of fact intended to destroy someone's reputation. If the post is combined with calls to "teach them a lesson" or targets their religion/place of birth, it crosses into Section 196 BNS (Hating groups), which is a serious crime.

2. Can I report a post if I am not the person being attacked?

Yes. Anyone can report hate speech or content that threatens public order. However, for defamation (Section 356 BNS), the police generally require the person whose reputation is harmed (or their legal representative) to file the complaint. For "public mischief" or "promoting enmity," any citizen can trigger the law.

3. Will the person I report find out it was me?

Platform reports are usually anonymous; the user is told "your post was reported," not who did it. However, if you file a formal Police FIR, your name will be on the legal document, which the accused has a right to see during legal proceedings. If you fear for your safety, you can file an anonymous tip on cybercrime.gov.in, though a formal FIR is stronger for prosecution.

4. How much does it cost to file these complaints?

Reporting to a platform or filing a complaint at a police station/Cyber Cell is free. There is no government fee for registering an FIR. If a policeman asks for money to "process" your cyber complaint, that is a bribe and is illegal.

5. What if the post is on a platform with no office in India?

Under the IT Rules 2021, any platform with more than 50 lakh users must have a physical office and a Resident Grievance Officer in India. If they don't, they lose their "safe harbour" protection, meaning the platform itself can be sued for the content its users post. Most major apps (X, Meta, Reddit) now comply with this.

6. How long does it take for a post to be removed?

The platform must acknowledge your complaint within 24 hours and resolve it within 15 days. If the content is related to sexually explicit material, they must remove it within 24 hours. If they don't act within 15 days, you should immediately escalate the case to the Grievance Appellate Committee (GAC).

7. Can I get in trouble for filing a "false" report?

If you knowingly file a completely false police complaint just to harass someone, you can be charged under Section 217 of the BNS (giving false information to a public servant). However, if you genuinely believe a post is hateful and the police simply disagree, that is not a crime. Just ensure your evidence (screenshots/links) is real and not edited.