india defamation indian-penal-code
If someone does not downvote defamatory post does that mean they endorse it?
<p>If someone does not downvote defamatory posts on Stackexchange are they liable for defamation under Indian Penal code? I am refering to <a href="https://indiankanoon.org/doc/1041742/" rel="nofollow noreferrer">section 499</a> and <a href="https://indiankanoon.org/doc/1408202/" rel="nofollow noreferrer">section 500</a>.</p>

<p><strong>No</strong></p>
<p>They do not commit the necessary <em>actus reus</em> by ignoring, or not even reading, a defamatory post.</p>
<p>To be guilty, one has to act:</p>
<blockquote>
<p>by words either spoken or intended to be read, or by signs or by
visible representations, makes or publishes any imputation</p>
</blockquote>

<p>If I don't read a question, I can't downvote it. You can't claim I endorse a message I haven't even received. In fact, even if received it, to <em>endorse</em> a message, I have to take affirmative action that makes my stance clear: No vote is indifference. <strong>Upvoting</strong> would show endorsement. But I still won't <strong>publish</strong> a statement I endorse: only the actual speaker publishes a statement.</p>
