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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