How to Legally Address a Former Employee Misusing Your Company Name Online?

One of our company staff has resigned, and he is misusing our company name by posting inappropriate comments in social groups. What is the legal way to raise a complaint against him? What are the sections mentioned in the IPC?

Please advise on the correct course of action in this situation. Thank you.

Before going for complaints, first issue him a suitably worded letter regarding the misuse of the company name. Quote instances and clearly ask him to desist.

In case it fails, then a complaint can be lodged in the Cyber Cell of the Police.

Legal Actions for Defamation by Ex-Employee

As you feel the ex-employee is defaming your organization in public, action under IPC & IT Act is warranted. Section 499 & 500 of IPC detail the provisions regarding defamation. Section 505 of IPC is used to book offenders who indulge in spreading false rumors, mischief, etc. There have been several instances recently reported in the press wherein action has been taken by the police as per this section.

Similarly, the IT Act also imposes strict liability against the misuse of social media, although Section 66A of the Act has been set aside by the Supreme Court in Shreya Singhal's case in 2014. But before that, as pointed out by Nathrao Sir, please issue notice.

Addressing Defamation by an Ex-Employee

Ensure that the actions of the ex-employee and his postings on social media do not contain any facts or truths. The actions of the ex-employee amount to nothing but defamation and sabotage against your organization in the public eye.

The remedy is available within the framework of the law by filing a defamation case as suggested by Mr. KK. Alternatively, you can send a legal notice through your company's advocate to prevent him from posting and damaging the company's image.

If the individual continues to engage in such actions, it is advisable to lodge an FIR and pursue a defamation case to protect the goodwill of the company. The suggestions from both members are affirmative and should be followed.

Thank you.