and then the same content has been retweeted/reposted on the popular social media platform „Twitter‟ (now ‘X’) by the present petitioner. 4. While the Courts may still struggle, faced with issue as to what will amount to „publishing‟ and whether „re-tweeting‟ of a defamatory content also amounts to publishing so as to be covered under the definition of Section 499 of Indian Penal Code, 1860 (‘IPC’), the concerns arising out of such vast reach of defamatory content and corresponding reputational injury to a person has given rise to the following important question of law: Whether ‘Retweeting’ any defamatory content will be covered in the meaning of ‘publication’ or not, in terms of Section 499 of IPC & whether the act of the person ‘retweeting’ such content though not being the original author of the tweet, will also be liable to attract action under Section 499 of IPC or can he take refuge under the argument that he was not the original author of the content? 5. In case reported as 2017 SCC Online Delhi 1191, this Court had observed that it was for the Trial Court to decide if retweeting an allegedly defamatory content/tweet would attract rigours of Section 499 of IPC or not, by way of a full fledged trial. These observations are as under: “26. …Whether retweeting would attract the liability under Section 499 IPC, is a question which requires to be determined in the totality of the circumstances and the same will have to be determined during trial and any Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:05.02.2024 16:25:50 CRL.M.C. 6347/2019 Page 4 of 50