This text aims to highlight that communications done through electronic mode are currently recognized by Indian Law and hold true as an 'evidence' in addition to 'contractual liability'.
Net and electronic communications has now become an integral part of our each day life, from SMS to emails to chats to blogging, you simply cannot imagine one day while not communicating through electronics. The young generation today is simply crazy of this 'tool' and why not, since it offers us faster means to communicate things and this can be not simply true for children but for we tend to professionals too and for that matter, everybody. Web has become such a necessary ingredient in our lives and we have a tendency to all became addict to it to such an extent that it would not be unrealistic to mention for nowadays's generation "Eat Internet, Assume Net and Sleep Net".
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 created life simple especially when you need to communicate fast, effectively and have to take choices quickly.
It is fascinating to notice that several of e-communication strategies were invented for fun like chats or just to communicate without any sincerity connected to them and thus until now chats, blogging, etc. were thought to be simply a fun activity by many of us; a tool to express something below sun and let the world know. But, things have quite changed currently and these things are not any additional a fun activity.
Currently you may be wondering, what might be included in e-communication?
E-communication might comprise of e-mails as well as its attachments (whether or not a picture or a text), SMS, voicemail, chat history, net cam recording, postings on blog (s), discussion on e-forums etc.
With the advent of Info 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 alternative matter shall be in writing or in the typewritten or printed form, then, notwithstanding something contained in such law, such requirement shall be deemed to possess been glad if such information or matter is- (a) rendered or made on the market in an electronic type; and (b) accessible therefore as to be usable for a subsequent reference." Hence, a combined reading of Information Technology Act 2000 and various provisions of Indian Proof Act 1872 establishes the fact that electronic records can be exhibited and admitted as evidence.
A recent Supreme Court judgment has additionally created 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 can not give any escape to the bloggers. Accordingly the previously mentioned modes of electronic communication will conjointly make one responsible for libel or perhaps prosecution for the contents used therein. Hence, it can not be safe to use disgraceful language or categorical your frustration with the use of harsh words. You never apprehend when that very same language will render you liable and you will need to provide explanations and justifications for it. Thus it's better to take precautions while communicating electronically.
Currently the query arises, what care needs to be taken for electronic communication to avoid any liability?
Its very straightforward really, while you communicate; before sending the message just go through it as if it had been to be created public and the entire world would read it or hear it, by this, you may automatically return to understand what impression that communication can create if it will be presented to a third party.
If you are not careful in communicating, you will be responsible for hurting public sentiments, for libel and / or for prosecution below Indian Penal Code. Even your chats can be used against you.
E-mails type a important record in company world. Hence, before shooting a mail to your co-employee or your customer, just look at the implications if the identical mail is forwarded to your manager. You'll 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 precise yourself, since your communication can be admitted as 'evidence' in a very case against you. Therefore be careful.
But, don't take a negative impression that e-communication can only render an individual liable, through e-communication you may additionally escape your liability by well informing / alarming your customers as well as your management, by giving timely advises which your profession expect out of you. Your communication is valid below law and it will save you in an allegation that you failed in performing your duties.
Author Resource:-
Dorish Hill has been writing articles online for nearly 2 years now. Not only does this author specialize in Communication, you can also check out her latest website about:
Antique Ruby Ring
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