The Delhi High Court underscored that while the freedom of speech and expression under Article 19 is fundamental, it must be exercised within constitutionally permissible limits so as not to trample upon the dignity of others. The Court cautioned social media users—particularly influencers with wide followings—that posts crossing into insult, humiliation, or incitement collide with the victim’s right to dignity.
The remarks surfaced in the course of granting anticipatory bail to actor Ajaz Khan in a case where he posted sexually explicit remarks on social media aimed at the mother and sister of a YouTuber, Harsh Beniwal. The Court observed that even if objectionable content is deleted after posting, its reach remains because digital content circulates rapidly and can be republished or spark debates among followers. The Court stressed that the porous nature of the internet means every posted content must be uploaded with great caution, especially by those who wield influence.
Justice Ravinder Dudeja held that mere presence of content online is not enough to qualify for protection under free speech if it amounts to a public humiliation or insult. The Court viewed the case in context, noting that both the petitioner and the target of the remarks were social media personalities and part of a community of influencers. In that setting, communications between them, if made in good faith to protect one’s reputation or interests, may fall within the ambit of legitimate expression. However, when speech crosses into humiliation or direct insult, it infringes upon a person’s dignity and can be restricted under reasonable constraints as mandated by law.
The judgment emphasizes that freedom of expression is not absolute and must yield when exercised in a manner that degrades or dehumanizes others. The Court directed that in cases involving social media defamation or harassment, the courts must carefully balance constitutional rights of speech with the dignity and protection of persons targeted by such online content.
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