Respected Sir/Madam,
Omri Shabat, residing in Rachmilevich 48, City: Jerusalem State/Province: Israel, Postal Code: 97841, Country: Israel, Phone: +972.528596215, Email:
[email protected], has been posting derogatory and malicious comments against our company, Auro (“the Company”), which is an IT Company, registered in India and USA, with the intention of tarnishing the image, reputation and goodwill of the Company.
Mr. Omri Shabat has also tried to blackmail and extort US $12,000 from the Company in exchange for removing the said comments posted by him on his website glancingweb.com and many others. Mr. Omri had given multiple Paypal addresses to transfer US$12000 such as:
[email protected] [email protected],
[email protected],
[email protected],
[email protected] and
[email protected]
In, one of his emails he wrote:
{after all talking its time for business. decide yes or no, because paypal already catch my other fake account so we need to fast.}
In another email he wrote:
{because what I do is very very dangerous (jail!!!!), my costs are $5,000 per article via paypal.}
So far, we have received 54 threatening emails and agreement copy are now available on request.
Libel and slander are forms of defamation. Libel is the publication of any defamatory statement in some permanent form, for example, in writing, print or images. Libel deals with those offences where defamation occurs in visual form i.e. it can be seen. Therefore, we understand that the present case, wherein defamatory comments were posted on the internet, falls under the definition of Libel.
Section 499 of the Indian Penal Code, (“IPC”), inter alia, provides for the offense of Defamation: “Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.
Explanation
1.--It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.
Explanation
2.--It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.
Explanation
3.--An imputation in the form of an alternative or expressed ironically, may amount to defamation.
Explanation
4.--No imputation is said to harm a person's reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his
caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful.”
Further,
Section 383 of the IPC, inter alia, provides for the offense of Extortion: “Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits "Extortion".
In the instant case, Mr. Omri Shabat has committed both of the above mentioned offenses.
Based on the above facts, I have sought your opinion as to what should be the further course of action to be taken in the matter?
Regards,
Auro Team
