CS. Monika Bhardwaj, B.Com (Hons.), ACS, LL.B (I), Gurgaon
This article aims to highlight that communications done through electronic mode are now recognized by Indian Law and hold true as an ‘evidence’ as well as ‘contractual liability’.
Internet and electronic communications has now become an integral part of our day to day life, from SMS to emails to chats to blogging, you just cannot imagine a single day without communicating through electronics. The young generation today is just crazy of this ‘tool’ and why not, since it gives us faster way to communicate things and this is not just true for youngsters but for we professionals too and for that matter, everybody. Internet has become such a necessary ingredient in our lives and we all have become addict to it to such an extent that it would not be unrealistic to say for today’s generation“Eat Internet, Think Internet and Sleep Internet”.
The credit for popularity of the internet goes to e-communication whether it’s Emails, Chats, Blogging, SMS, voicemail, teleconferencing and video-conferencing or in whatever mode, since such methods have made life easy especially when you need to communicate fast, effectively and have to take decisions quickly.
It is interesting to note that many of e-communication methods were invented for fun like chats or just to communicate without any sincerity attached to them and therefore till now chats, blogging, etc. were regarded as simply a fun activity by many of us; a tool to express anything under sun and let the world know. However, things have quite changed now and these things are no more a fun activity.
Now you may be wondering, what may be included in e-communication?
E-communication may comprise of e-mails including its attachments (whether an image or a text), SMS, voicemail, chat history, web cam recording, postings on blog (s), discussion on e-forums etc.
With the advent of Information Technology Act 2000, legal recognition has been granted to electronic records and for that sake to electronic communication. Section 4 of this Act says “Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is- (a) rendered or made available in an electronic form; and (b) accessible so as to be usable for a subsequent reference.” Hence, a combined reading of Information Technology Act 2000 and various provisions of Indian Evidence Act 1872 establishes the fact that electronic records can be exhibited and admitted as evidence.
A recent Supreme Court judgment has also made it clear that blogging is a legal communication and the bloggers can be nailed for their defamatory views expressed / contents posted on their blogs. Even disclaimers will not provide any escape to the bloggers. Accordingly the previously mentioned modes of electronic communication can also make one liable for libel or even prosecution for the contents used therein. Hence, it will not be safe to use disgraceful language or express your frustration with the use of harsh words. You never know when that same language will render you liable and you will need to provide explanations and justifications for it. So it’s better to take precautions while communicating electronically.
Now the question arises, what care needs to be taken for electronic communication to avoid any liability?
Its very simple actually, while you communicate; before sending the message just go through it as if it was to be made public and the whole world would read it or hear it, by this, you will automatically come to know what impression that communication will make if it will be presented to a third party.
If you are not careful in communicating, you may be liable for hurting public sentiments, for libel and / or for prosecution under Indian Penal Code. Even your chats can be used against you.
E-mails form a vital record in corporate world. Hence, before shooting a mail to your co-worker or your customer, just look at the consequences if the same mail is forwarded to your manager. You may even render your organization liable.
Hence, the next time you communicate electronically, don’t take it as a fun activity or regard it as a mere tool to express yourself, since your communication can be admitted as ’evidence’ in a case against you. So be careful.
However, don’t take a negative impression that e-communication can only render a person liable, through e-communication you may also escape your liability by well informing / alarming your customers including your management, by giving timely advises which your profession expect out of you. Your communication is valid under law and it will save you in an allegation that you failed in performing your duties.
