'Content on Internet must be uploaded with great caution': Delhi High Court grants pre-arrest bail to actor

New Delhi: The Delhi High Court has issued a word of caution for users of social media, saying every content on the Internet must be uploaded with great caution, especially when the uploader has a large audience and exercises influence in society.

The high court said the freedom of speech and expression granted by the Constitution under Article 19 must be exercised within the bounds of the reasonable restrictions it places, and when the speech crosses the line into insult, humiliation or incitement, it collides with the right to dignity.

"Before parting, just a word of caution for those using social media. The internet has made knowledge easily accessible by intensifying its circulation. With this, however, it has also brought a large audience of every age group.

"Thus, any content on the internet is porous and accessible to a large audience. Every content on the internet must be uploaded with great caution, especially when the uploader has a large audience and exercises influence in the society," Justice Ravinder Dudeja said.

The court's observations came while granting bail to actor Ajaz Khan, who is accused of making sexually explicit remarks on social media against the mother and sister of YouTuber Harsh Beniwal.

The court said that since both Khan and Beniwal are social media influencers with a large set of audiences, they must be cautious of what they post.

"The audience may be influenced by the material posted by them and thus, even if the content is deleted after it is posted by them, it would reach a large set of audience, thereby leading to republishing of the same content/ sparking a debate over the content among their followers, which eventually affects the victim.

"Thereby, one should cautiously use social media before posting any content, as it might adversely affect not only the particular individual but their respective fans also at the same time," Justice Dudeja said in an order passed on Thursday.

While granting the relief to the actor, the court said the prosecution's case is based on the video recorded from the phone of the petitioner, which is already stated to be in the custody of the Bombay Police.

In such circumstances, the need for custodial interrogation of petitioner Khan does not arise, particularly when the relevant documents are no longer within his control, it said.

"The apprehension of the State of non-cooperation cannot override the principle of 'bail not jail'. The offences are punishable with a maximum sentence of 3 years and a fine," the court said.

Considering that the digital devices are in the custody of the Bombay Police and Khan has undertaken to cooperate in the investigation and give his voice sample before the FSL, the court said this tilts the balance in his favour.

Accordingly, in the event of arrest, the petitioner shall be released on furnishing a personal bond of Rs 30,000 with one surety of the like amount to the satisfaction of the arresting officer or the investigating officer, it added.

According to the prosecution, the actor was accused of hurling gender-based abuse, vulgarity and digital defamation of the complainants in a social media video. He was booked under Section 79 (Word, gesture or act intended to insult modesty of a woman) of the BNS and Section 67 of the IT Act.

On the other hand, Khan claimed that his video was in retaliation for a video uploaded by Beniwal, using derogatory words, abuses and obscene gestures. He said he had taken down the video.