Bombay High Court Disposes of PIL on Misuse of Social Media
The Bombay High Court on Wednesday (April 30, 2025) dismissed a Public Interest Litigation (PIL) filed by a sitting MLA, Kiran Samant (52), from Rajapur Assembly Constituency in Ratnagiri, Maharashtra. The petition raised serious concerns about the rampant misuse and abuse of internet and social media platforms by influential personalities.
The petition claimed that under the guise of free speech, these influencers are commercializing their content while deliberately spreading scandalous, derogatory, and demeaning material about the judiciary and executive of India, posing a threat to public order, harmony, and the rule of law.
The respondents in the matter are the Government of India, GOOGLE LLC, and stand-up comedian Kunal Kamra. The MLA has also implored 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 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.
The Division Bench, led by Chief Justice Alok Aradhe and Justice M. S. Karnik, questioned why Mr. Kamra was added to the case and stated 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.
The Bench observed that what may be misuse of social media can be free speech for the society, and it is unclear who will decide whether it is a use or a misuse. They noted that the petition is selective, targeting only one person while ignoring others who also make derogatory comments about the judiciary.
Mr. Samant argued that Mr. Kamra’s tweets calling the Supreme Court the "most Supreme joke of this country" and making contemptuous remarks about retired Justice D.Y. Chandrachud were part of the issue. Kamra’s posts on Twitter, including an image of his fingers on Twitter with a caption aimed at CJI Arvind Bobde, were interpreted as showing the middle finger. Contempt proceedings were initiated against Mr. Kamra in the Supreme Court, and Attorney General K.K. Venugopal opined that Kamra’s tweets amounted to contempt. A stand-up video titled "Be Like" on YouTube containing vulgar and demeaning remarks about the judiciary was also mentioned.
The MLA also stated that the comedian makes content to mock independent agencies like the ED, CBI, and judiciary and monetizes such material through digital platforms. Recently, Kamra uploaded a new video titled "Naya Bharat A Comedy Special" on YouTube containing contemptuous content, which garnered 1.25 crore views.
The Bench emphasized that the court decides whether content is offensive or not, and that PILs against individuals cannot be entertained. They noted that the petition seeks direction on the formation of a Social Media Vigilance Committee, which is a matter of policy making and cannot be directed by the court.
The court concluded that it was open for the petitioner to approach an appropriate authority for the misuse of social media and disposed of the petition.
Reference : https://www.thehindu.com/news/cities/mumbai/bombay-high-court-disposed-of-shiv-sena-mlas-pil-on-misuse-of-digital-platforms-by-influencers/article69511028.ece
