TravTalk India Online Magazine
Today, there is a need to understand legal ramifications of digital communication. In the tourism industry, contracts and agreements can be entered into at any place. Terms can be negotiated upon and the same can be communicated via social media. However, if a dispute arises, all communication is admissible as evidence.
Responsible communication is an important part of trade and business. Important communications like agreements, offers, and acceptances are made via e-mail, WhatsApp and other social media messengers. Legal acknowledgement of receipts in new-age technology includes e-mails, which is considered delivered if sent to the official e-mail address; text message, which is considered delivered if sent to the official mobile number; WhatsApp, which is considered delivered and read if two blue tick marks are shown; and other social media platforms, considered delivered if the respective platform shows the ‘delivered’ sign.
For legal communication and publication in the netizen world, these include communication in group chats, posting on social media platforms (Facebook, Twitter, Instagram, etc.), and sending an e-mail blast to multiple recipients. In the tourism industry, contracts and agreements can be entered into at any place. Terms can be negotiated upon and the same can be communicated via social media platforms.
Legal admissibility
Electronic communication has been recognised under Information Technology Act, 2000. The admissibility of such communication is provided under Section 65B of the Indian Evidence Act, 1872 under which a certificate along with the printout/physical copy of the e-mail, group chat, Tweet, audio/video clip, etc., needs to be produced before a court of law.
The certificate must state that the computer system from which the physical copy was produced is a functional one and is in regular use. If a dispute arises, all communications made on such platforms are admissible as evidence, such as messages agreeing to changing the terms of the agreement, photographs shared of the product that is being sold, etc. The contents which fall under any legal framework are those which are posted without any basis, are disparaging, defamatory and abusive, and can lower the esteem of a person in the public domain. The above- mentioned e-communication is within public domain. Hence, any member who posts anything on group chats or otherwise needs to be responsible while promoting product or service.
Law of agency
When one party delegates some authority to another party whereby the latter performs his actions in a more or less independent fashion, on behalf of the first party, the relationship between them is called an agency. Agency can be express or implied. When an Indian tour agency enters into an agreement with a client for foreign travel and the tour agency employs a foreign operator agent, the foreign operator is the agent of the Indian tour operator and the Indian tour operator is the principal. A principal is liable for the actions done by an agent during the course of employment.
Legal consequences
The different types of legal consequences that may befall irresponsible communication can be sought under civil and criminal law. A recent amendment to the Consumer Protection Act 1986 has brought e-commerce platforms within the ambit of product liability. Use of social media comes with a certain responsibility. One must practise responsible communication. With the changing law, any form of communication/publication which is false/mala fide can be produced in a court of law as evidence.
