LI Network
Published on: 15 July 2023 at 16:00 IST
In a significant ruling, the Madras High Court has held that individuals forwarding social media messages can be held responsible for the content they share. The court’s decision came as it refused to quash criminal cases against renowned actor and politician S.Ve Shekhar, who had been accused of forwarding objectionable material through his social media accounts.
The case against S.Ve Shekhar dates back to December 2022 when a complaint was filed against him by a social activist for allegedly sharing a derogatory post on a popular social media platform.
The controversial post had reportedly contained defamatory remarks and offensive language directed towards a political leader. The complainant argued that by forwarding such content, Shekhar had willfully contributed to the spread of false information and hate speech, which had the potential to incite public unrest.
In his defense, S.Ve Shekhar maintained that he was not the original creator of the content and that he had merely shared it without verifying its authenticity. He argued that holding him liable for the message would have a chilling effect on freedom of expression and stifle public discourse.
However, the Madras High Court dismissed Shekhar’s arguments and emphasized the need for accountability in the digital age. Justice A. Lakshmanan, who presided over the case, noted that social media had become a powerful tool for dissemination of information and that individuals must exercise caution while using it. The court held that forwarding a message, even if one is not the originator, implies endorsement and could potentially lead to the proliferation of harmful content.
The court further stated that the freedom of expression guaranteed under Article 19(1)(a) of the Constitution of India should not be misconstrued as an absolute right, as it comes with certain responsibilities. Justice Lakshmanan highlighted the importance of combating the spread of misinformation, hate speech, and defamation in order to maintain social harmony and uphold the integrity of the democratic process.
The ruling by the Madras High Court has sparked a wider debate on the responsibility of individuals when sharing content on social media platforms. Legal experts suggest that this decision could set a precedent for future cases involving the liability of social media users for the content they forward.
As social media continues to play a significant role in shaping public opinion and facilitating communication, the Madras High Court’s ruling serves as a reminder of the responsibility that comes with the power of sharing information online.