Court issues stern directives to social media platforms to remove defamatory material and safeguard judicial dignity
In a landmark decision, the Delhi High Court has ordered the removal of scandalous videos and posts targeting a sitting judge and the judiciary from various social media platforms. The judgment, delivered by a division bench comprising Justices Neena Bansal Krishna and Madhu Jain, highlights the urgent need to protect the dignity of the judiciary and public confidence in the administration of justice.
The court acted upon a petition filed by the Delhi High Court Bar Association against Dr. Kapil Kakar and others for publishing defamatory content that made grave allegations of corruption, collusion, criminality, and murder against a sitting judge of the High Court. These publications were deemed to be ex facie contumacious and calculated to lower the authority of the court, thereby interfering with judicial functions.
The judgment emphasizes that freedom of speech is a constitutional guarantee but must be exercised with caution, especially when it comes to publications that scandalize the judiciary or undermine public confidence in the administration of justice. The court observed that the impugned material does not constitute fair criticism and warrants immediate intervention.
The court directed intermediaries, including Meta Platforms, Google LLC, LinkedIn, and others, to promptly remove or disable access to the unlawful content once notified. The judgment underlines the duty of intermediaries to take proactive measures to prevent the dissemination of such scandalous material, as per Section 79 of the Information Technology Act, 2000.
Interim directions were issued for the immediate removal of the impugned videos/posts, blocking of accounts and URLs disseminating contemptuous material, and disclosure of uploader details and metadata by intermediaries. The court mandated these platforms to file affidavits of compliance and ensure that any attempt to re-upload similar content is thwarted promptly.
Highlighting the serious implications of such publications for the freedom of speech and the public's right to know, the court referenced previous Supreme Court judgments that caution against granting ex-parte restraint orders unless the material is ex facie malicious or palpably false.
Furthermore, the judgment underscores the role of intermediaries in ensuring that platforms are not used as instruments to undermine institutions or harm society. The court's decision marks a significant step towards maintaining the integrity of judicial institutions and upholding the principles enshrined in the Constitution of India.
Bottom Line:
Criminal Contempt - Publication of scandalous and contumacious material against the judiciary on social media platforms - Immediate intervention required to protect the dignity of the judiciary and public confidence in the administration of justice.
Statutory provision(s): Article 215 of the Constitution of India, Sections 2(c), 12, 15 of the Contempt of Courts Act, 1971, Section 79 of the Information Technology Act, 2000
Delhi High Court Bar Association v. Dr. Kapil Kakar, (Delhi)(DB) : Law Finder Doc id # 2920581
