of the act in question. When a vast majority follows a particular
person on twitter, not all, may be aware of the nitty gritties of tweets
or retweets. Most common persons who follow a person, who may be
an influencer for a particular segment of community will find it
enough reason to believe a content just because the content is posted
on account of a particular person.
66.
This Court, while trying to lay down foundational stone on
jurisprudence of retweeting, and whether it amounts to publication
or not for the purpose of Section 499 of IPC, presents the following
scenario to explain the reasons weighing in this Court‟s mind as to
why this Court holds that retweeting amounts to publication for the
purpose of Section 499 of IPC:
Consider an individual, Z, who commands a specific group of
followers, who regularly engage with his tweets. Z could
potentially evade legal repercussions by instructing one of his
followers to post defamatory content or by creating a fake
account for the same purpose. Subsequently, the content is reposted on Z‟s account, garnering a substantial audience. In
such a scenario, the crux of the concern lies in the fact that if
the law only holds the original author accountable, it creates an
avenue for individuals like Z to escape the clutches of law.
Despite being the one actively disseminating the defamatory
material on his account, Z might escape punishment if the
focus is solely on the initial creator of the content. If the law
fails to address situations where the true culprit is the one
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:05.02.2024
16:25:50
CRL.M.C. 6347/2019
Page 39 of 50
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