Key Points
New Delhi: Reposting defamatory content on social media could attract the offence of defamation, the Delhi High Court observed Monday as it refused to quash the summons issued to Chief Minister Arvind Kejriwal in a criminal defamation case for retweeting a video circulated by YouTuber Dhruv Rathee in May 2018...
It, therefore, held that for the purpose of this case, retweeting a content, which is allegedly defamatory, on the Twitter account and projecting it to be as if his own views, will prima facie attract the liability under Section 499 of IPC, for the purpose of issuance of summons...
The court said that while all acts of retweeting may amount to publication of defamatory imputation, the extent of harm caused to the reputation of the aggrieved person would depend on the level of influence and the potential reach of the individual who retweets such defamatory imputation...
The court then ruled that though every retweet of defamatory imputation would ordinarily amount to publication under Section 499 of IPC, it is ultimately for the complainant to decide which retweet caused more harm to his reputation, and lowered his moral or intellectual character or his credibility among the members of society...
The court also observed that another thing that would be considered during the trial was whether it was Kejriwals duty, as a political person of longstanding, to have taken some steps to verify the story or allegations against the respondent before posting it on social media, which would make an impact on a huge section of society and (have) corresponding effect on the reputation of the person concerned who is at the centre stage of the defamatory content...
