New Delhi: In a recent decision, the Supreme Court of India has underscored the need for careful consideration of the impact and reach of social media content. The court's stance came as it rejected a petition filed by S Ve Shekher, a former Tamil Nadu MLA and actor, who faced legal action for sharing a Facebook post in 2018 containing alleged derogatory remarks about women journalists.
The case reached the bench of Justices BR Gavai and P K Mishra, who were reviewing Shekher's appeal against the Madras High Court's ruling issued on July 14. The High Court had dismissed Shekher's plea to quash criminal proceedings initiated in connection with the controversial Facebook post. The Supreme Court bench advised caution to social media users, stating, "If one uses social media, then he should be more careful about its impact and reach." The judges addressed Shekher's legal representative, emphasizing the importance of responsible social media use.
Shekher's lawyer argued that his client was unable to read the contents of the post he shared on the date of the incident, as he had applied medication to his eyes. However, the bench stressed the necessity of prudence when employing social media platforms, noting that if one chooses to engage with social media, they should also be prepared to face the potential consequences.The case centered around an abusive and derogatory comment allegedly published by Shekher on his Facebook account on April 19, 2018. The Madras High Court's order highlighted that an FIR (First Information Report) was lodged against him following a complaint to the Chennai Commissioner of Police. Private complaints were also registered against Shekher across various regions of Tamil Nadu.
During the legal proceedings, Shekher's counsel asserted that he had forwarded the message without being aware of its contents and had swiftly removed the post upon realizing its derogatory nature. The petitioner had subsequently issued an unconditional apology to the concerned women journalists and the media. In its judgment, the High Court acknowledged the petitioner's apology and the removal of the offensive content. However, the court remarked on the severe derogatory nature of the message and its potential to spread rapidly through social media. It noted, "We live in an era where social media has virtually taken over the lives of every individual in the world. A message sent/forwarded in social media can reach the nook and corner of the world in no time." The High Court further emphasized that individuals in prominent positions, like Shekher, should exercise heightened responsibility when communicating on such platforms.
In light of the Supreme Court's decision and the observations made by the High Court, the case serves as a reminder of the need for prudence and mindfulness while using social media, given its pervasive influence and rapid dissemination capabilities.
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