The Bombay High Court on Wednesday (April 30, 2025) disposed of a Public Interest Litigation (PIL) filed by a sitting MLA, Kiran Samant (52) from Rajapur Assembly Constituency in Ratnagiri, Maharashtra, raising grave concerns arising out of rampant misuse and abuse of internet and social media platforms by certain influential personalities.
The petition claimed that under the garb of free speech, the influencers are commercialising their content while deliberately spreading material that is scandalous, derogatory and demeaning to the judiciary and executive of India thereby posing a serious threat to public order, harmony and the rule of law.
The respondents in the matter are Government of India, GOOGLE LLC and satirist and stand-up comedian Kunal Kamra. The MLA has impleaded Mr. Kamra for publishing contemptuous material on YouTube and the Government of India and GOOGLE for failing to regulate such contents.
Calling for enforcement of the IT Act, 2000, and the Intermediary Guidelines (2021), the petitioner has sought judicial directions to ensure accountability, responsible content moderation and protection of the judiciary from being targeted for commercial gain under the cloak of satire or criticism.
A Division Bench of Chief Justice Alok Aradhe and Justice M. S. Karnik questioned why Mr. Karma was added in the case and said that it is a general PIL asking to curb the misuse of digital platforms by influencers, public personalities and comedians, hence, relief cannot be granted.
“What according to you may be misuse of social media platform, can be free of speech for the society. Who will decide whether it is a use or a misuse? I don’t know how to grant this relief. This is selective targeting. You have impeded only one person but there are several others who say things about judiciary, and you haven’t Impleaded them,” the Bench observed.
Mr. Samant argued that Mr. Kamra’s tweets calling the Supreme Court “the most Supreme joke of this country” and makes contemptuous remarks about retired Justice D.Y. Chandrachud.
“Kamra posts an image of his fingers on Twitter with a caption aimed at CJI Arvind Bobde, interpreted as showing the middle finger. Contempt proceedings initiated against Mr. Kamra in the Supreme Court; then Attorney General K.K. Venugopal opines that Kamra’s tweets amount contempt. Stand-up video titled ‘Be Like’ uploaded on YouTube by Kamra containing vulgar and demeaning remarks about the judiciary,” the petition said.
The MLA also said that the comedian makes content to mock independent agencies like the ED, CBI and judiciary and monetises such material through digital platform and recently uploaded a new video titled ‘Naya Bharat A Comedy Special’ on YouTube containing contemptuous content; the video garners 1.25 crore views.
Hearing the matter, the Bench said, “You cannot determine what is reasonable and what is not. There is a law regulating these platforms and the court decides whether it is offensive or not. This PIL is directed against just responded 3 (Mr. Kamra). If guidelines are breached, you file a complaint, but PIL against an individual cannot be entertained.”
Senior advocate Darius Khambata argued that the petition seeks order against just one respondent. “The petition seeks direction of vigilance of social media. This matter is before the Supreme Court now.”
On the petition seeking direction on the formation of a Social Media Vigilance Committee, the Bench said it is in the realm of policy making and thus it cannot issue direction on the prayer and his prayed to direct the IT Ministry to implement the IT Act and Rules is coached in general and wide terms.
The court noted that it was open for the petitioner to approach an appropriate authority for the misuse of social media and disposed of the petition.
Published – May 01, 2025 08:08 am IST
