responsibility that accompanies the petitioner's political and
social standing. Needless to say, the large social media following
of a Chief Minister of a State undoubtedly implies a wider reach,
making any retweet, a form of public endorsement or
acknowledgment.
83.
When a political person of such standing or a public figure or a
social influencer, posts some content on his social media account, it
can be reasonably believed by the Court while adjudicating such
cases, at the initial stage of a case where summoning is in question,
that he did understand the repercussions and implications of posting
such content and the corresponding harm it can cause to the person
aggrieved. In this Court‟s opinion, the online interactions and
engagement on Twitter, which involves publication of defamatory
statements and content, and sharing such content with others by
retweeting will surely attract liability since it would amount to
posting defamatory content as one‟s own by believing it to be true
and thus, sharing it with the public at large.
84.
The original author of the alleged defamatory content will also
be liable for any action if a complaint is filed against him. However,
it is the choice of the complainant, who may decide as to whether the
person who retweeted such content had caused him more damage or
not, since he had more friends or followers, by sharing a content.
85.
In the present case, the defamatory video in question, posted
by Sh. Dhruv Rathee and retweeted by the petitioner herein, was
aimed at „exposing‟ the IT Cell of BJP and as alleged in the video,
the respondent no. 2 was the „second-in-command‟ of the IT Cell of
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:05.02.2024
16:25:50
CRL.M.C. 6347/2019
Page 46 of 50
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