with over 10 million followers, whereas the rest of retweets are from
those who do not command such levels of popularity. Now, would
every such person who retweets the defamatory content, be liable to
face action for defamation?
74.
In this Court‟s opinion, while all acts of „retweeting‟ may
amount to „publication‟ of defamatory imputation, the extent of harm
caused to the reputation of the aggrieved person would depend on the
level of influence and the potential reach of the individual who
retweets such defamatory imputation.
75.
To illustrate, the reputational harm caused by virtue of
retweeting defamatory content, by a person with a mere 10 followers,
in contrast to another individual with a substantial following of over
10 million, would be undoubtedly different. The gravity of the
situation would also differ substantially in such cases especially in
view of explanation 4 of Section 499 of IPC which clearly provides
that for an imputation to be defamatory in nature so as to harm‟s one
reputation, it must inter alia directly or indirectly, in the estimation of
others, lowers the moral or intellectual character or credit of the
person who is being defamed.
76.
Therefore, the social media reach as well as the social and
political standing of the person, retweeting the defamatory
imputation, is of great relevance. If a public figure with a millions
of followers retweets any defamatory content, the impact on the
aggrieved person‟s reputation and his character will be much greater,
since the larger audience and the influence wielded by a public figure
would amplify the spread and longevity of the defamatory content.
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:05.02.2024
16:25:50
CRL.M.C. 6347/2019
Page 43 of 50
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