justice. They must not only interpret the law but also possess the
foresight to anticipate evolving strategies aimed at circumventing
legal consequences.
59.
It has to be noted that a person retweeting a defamatory
content, which has the potential of causing reputational injury to a
person, cannot wriggle out of his responsibility by merely contending
that it was a retweet and not the original tweet. Accepting this view
as canvassed by the petitioner would amount to permitting people to
retweet any objectionable or defamatory content in cyberspace and
social media platforms, without any responsibility being attached to
their act of posting such content on social media even if the content
has the potential to cause reputational injury to another.
60.
The retweeting of the content in the present case which was
originally created by some other person who did not have as much
public following as the present petitioner, by virtue of the petitioner
retweeting that content, represented to the public at large that he
believed the content created by another person to be true. It has to be
held so since the general public would ordinarily believe that the
person retweeting such content on his own Twitter account, must
have understood, verified and believed the content to be true. The
critical issue to be taken note of in such circumstances is the fact that
the petitioner who retweeted the content had much larger following
than the original content creator, thus, having multiplied potential of
spreading the defamatory content to a much larger audience.
61.
The freedom of expression is essential in a democratic setup
to spread one’s opinion, however, it cannot extend to the extent of
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:05.02.2024
16:25:50
CRL.M.C. 6347/2019
Page 37 of 50
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