The Madras High Court has recently made a significant ruling emphasizing the responsibility of individuals who forward messages on social media. In a case involving actor and former Tamil Nadu MLA S.Ve Sheker, the court refused to quash criminal proceedings against him for forwarding a derogatory message about women journalists from his Facebook account in 2018.
Justice N Anand Venkatesh highlighted that a person who forwards a message on social media must take responsibility for its content and the consequences it may have. The court emphasized that individuals with stature and a significant following, like Sheker, should exercise caution before forwarding messages, considering their potential impact on society.
The court acknowledged the power of social media, where messages can spread rapidly and influence a wide audience. It compared a forwarded message to an arrow shot from a bow, noting that once it is sent, the sender must take ownership of its consequences. The court emphasized that offering an apology after the damage is done cannot absolve the sender of responsibility.
Sheker claimed that he had forwarded the message without reading its contents, received it from someone in the US, and later removed the post and apologized. However, the court rejected his plea for quashing the proceedings, stating that his stature and influence demanded greater accountability for his actions.
The High Court cited various sections of the Indian Penal Code (IPC) that were prima facie applicable in the case, including intentional insult, incitement, and insult to the modesty of a woman. Additionally, the court invoked the Tamil Nadu Prohibition of Harassment of Women Act, as the forwarded message painted women journalists, including a specific individual, with vulgar comments.
While dismissing Sheker's plea, the court transferred all the criminal cases against him to a Special Court, ensuring that he would not be subjected to proceedings in multiple courts for the same cause of action.
The judgment sets a precedent for the responsibility individuals hold when forwarding messages on social media platforms. It underscores the need for social responsibility, especially among influential figures, and cautions against the potential harm caused by derogatory and offensive content.
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