The Kerala High Court in the case observed and has stated that there being no proper legislation which provides punishment for defamatory posts circulated on social media.
The bench headed by Justice PV Kunhikrishnan in the case observed and has urged the legislature to seriously look into this aspect.
The court in the case observed that the defamatory Facebook posts continue to do the rounds on Facebook and other Social Media platforms. There being no proper punishment for such defamatory statements and posters on Facebook and the legislature must look into this aspect seriously, especially in the backdrop of this new era of technology and the era of Social Media mania in existence in our society.
In the present case, the plea was moved wherein seeking to quash the proceedings which are initiated against a Christian priest for allegedly manipulating a banner displayed by the rival faction during one of their protests and posting it on Facebook. Thus, the court booked himunder Section 120(o) of the Kerala Police Act.
Therefore, the provision stated that the person shall be convicted if he causes nuisance to any other person through any means of communication like repeated or undesirable or through anonymous call, letter, writing, message, e-mail or through a messenger.
It has also been stated by the court that if it holds impugned Facebook post amounts to an offence, then almost all the posts being made on Facebook is to be declared as an offence as stated under Section 120(o) of the Kerala Police Act.
The court also relied on the case Sajeev S v. State of Kerala, wherein the court observed that the scope of Section 120(o) was being considered by the High Court and it was held that there was no nuisance caused by posting a modified word in a WhatsApp group. Therefore, the said court also found that the modified word was not defamatory and nor it being a word which has a tendency to cause nuisance.
The court while considering the facts and circumstances of the case stated the same would not come within the purview of Section 120(o) of the Kerala Police Act, 2011. Accordingly, the court quashed the criminal proceedings.
The counsel, Advocate Abraham Samson and Advocate Lovely Samson appeared for the petitioner. The counsel, Advocate K Rakesh and Public Prosecutor Vipin Narayan represented the respondent.