The High Court on Monday, February 5, 2024, pheld a summons issued by a trial court to Chief Minister Arvind Kejriwal as an accused in a defamation case for retweeting an allegedly defamatory video circulated by YouTuber Dhruv Rathee in May 2018.
The court said a sense of responsibility has to be attached while reposting content about which one does not have knowledge.
Justice Swarana Kanta Sharma, while refusing to quash the 2019 order summoning the CM, said when a public figure posts defamatory content, the ramifications extend far beyond a mere whisper.
‘Reposting content’
“Reposting of defamatory content must invite penal, civil, and tort action if the person reposting it does not attach a disclaimer,” the court said. It added that reposting alleged libellous content will attract defamation law.
The court said Mr. Kejriwal, being a CM, must acknowledge the inherent sense of responsibility that comes with such a significant role. “As a leader with political standing and maturity, he is presumed to be aware of the potential impact of his actions,”
It added that on social media platforms, where millions of people follow the CM, anything he posts is for public notice. It said boundaries of publication have expanded in the digital age, and “implications of defamation are heightened due to the potential of widespread dissemination”.
