Such a person's influence may also make his audience believe the
defamatory content to be true, thereby lowering the reputation of the
aggrieved person.
77.
Conversely, if a defamatory imputation is retweeted by an
individual with negligible followers or very limited influence, the
impact on the complainant's reputation may be less severe or may not
even be of a nature to fall within the ambit of offence of defamation,
since the limited or negligible reach of such a person would reduce
the potential for the defamatory content to gain any significance
among the right thinking members of the society, this of course,
would be a matter of trial as to whether a person‟s retweet of
defamatory content, with following of ten persons or zero persons
would be sufficient to attract action under Section 499 of IPC.
78.
If one analyses the facts of the present case in light of aforesaid
observations, it is to be noted that in this case also, the respondent no.
2 had examined two witnesses at the pre-summoning stage who had
deposed that they followed the present petitioner on Twitter, and they
had seen the YouTube video which the petitioner had retweeted on
his Twitter account, and after hearing the allegations contained in that
video against the respondent no. 2 herein, they had immediately
called respondent no. 2 to express their dismay.
79.
Certainly, the harm inflicted upon the reputation of respondent
no. 2, as claimed, by the actions of the petitioner herein, who not only
commands a substantial social media following but also holds the
position of the Chief Minister of Delhi, would be exponentially more
than that resulting from thousands of retweets by other social media
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:05.02.2024
16:25:50
CRL.M.C. 6347/2019
Page 44 of 50
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