Magistrate, upon due application of judicial mind, would
be justified to dismiss the complaint on such ground and it
would not amount to an act in excess of jurisdiction if such
dismissal has the support of reasons.”
III.
BALANCING
CRITICAL
YET
COMPETING
INTERESTS: FREEDOM OF SPEECH & EXPRESSION Vs.
PROTECTING A PERSON FROM REPUTATIONAL INJURY
43.
Reputation is a form of honor and honor has many aspects.
The recognition of reputation as a significant social asset is
fundamental, and the Courts play an important role in ensuring
equal protection to every individual, regardless of their standing
in society.
44.
By analysing the limited sphere of jurisprudence evolved till
date regarding „retweet‟ or „repost‟ being covered under meaning of
„publication‟, this Court would note that the law on defamation on
the one hand protects one person’s reputation who is the
complainant and one person’s fundamental right who has been
alleged to be an accused to freedom of expression. Freedom of
expression and the use of cyberspace and social media for the said
purpose, especially by persons who hold positions of authority and
have huge following on their social media accounts, needs to be kept
in mind while balancing the contrasting approaches to be adopted
towards both the parties, when they come to a Court to determine
their rights.
45.
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:05.02.2024
16:25:50
In addressing a democratic community, it is crucial to
CRL.M.C. 6347/2019
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