originator of the libel or is merely repeating it. Tweeter a
micro blogging and social network website, is used for
spreading of messages. The Tweets so made on this platform
are read by public on Internet who visit the platform of the
creator of the Tweet. The platform, like Tweeter, can be
used for sharing ideas and dissemination of thoughts.
Whenever the user of this platform after reading the Tweet
click on the 're-tweet' button of any user, the Tweet reaches
the followers of the 're-tweeting' user. Thus, it reaches the
new viewers for whom it may amount to publication. Retweeting, therefore, would amount to re-publication so far as
the followers of retweeting user are concerned.
22. The question in the present revision petition is whether
the revisionist had re-tweeted the contents of the video. The
learned counsel for the revisionist has submitted that the
revisionist has not re-tweeted the video. However, the copy
of the re- tweet placed on record shows that the link of video
was also mentioned in the re-tweet. The re-tweet by the
revisionist shows that he has referred to the link i.e.
"youtu.be/BsIKjxaP4Ik" on which the video containing the
defamatory contents can be watched. He has further
mentioned 'Share and RT'. Thus, it appears that the
revisionist had re-tweeted the entire tweet along with
mentioning the link on which the video can be watched by
his followers on his tweeter account.
23. Learned counsel for revisionist argued that there was no
intention on the part of the revisionist to cause any
defamation. He referred to the judgment titled as Standard
Chartered Bank vs Vinay Kumar Sood, CrL M. C.
No.3828/2007 decided on 06.02.2009. He argued that the
revisionist does not know complainant therefore, there
cannot be any intention on his part to cause harm to the
reputation of complainant. In the judgment on which learned
counsel has relied, it was observed by the Hon'ble Delhi
High Court that the intention to cause harm is most essential
sine qua non for the offence under Section 499 IPC. It was
held that the offence under Section 500 IPC requires blame
worthy mind and is not a statutory offence requiring no
mensrea. However, it may be noted here that the Hon'ble
Delhi High Court in the Standard Chartered Bank's case
(supra) was dealing with a car in which a limited company
was arrayed as an accused for the offence under Section 500
IPC. Therefore, the court dealt with the issue of 'mensrea'
and held that a company cannot in any case be held guilty
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:05.02.2024
16:25:50
CRL.M.C. 6347/2019
Page 16 of 50
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