The Madurai Bench of the Madras High Court has cancelled the bail granted to YouTuber ‘Sattai’ Duraimurugan as he had made certain derogatory remarks against Tamil Nadu Chief Minister M.K. Stalin in violation of an undertaking given to the court.
While seeking bail in a case, he had submitted an affidavit to the court undertaking that he would not pass derogatory remarks against anyone. He was booked for using the images of former Chief Minister M. Karunanidhi and BJP functionary Khushbu Sundar.
He was granted bail after he submitted the undertaking affidavit. However, subsequently he passed certain derogatory remarks against Mr Stalin following which the police filed a petition seeking the cancellation of the bail granted to him.
Justice B. Pugalendhi observed it appeared that ‘Sattai’ Duraimurugan was in the habit of committing offences with the intention of getting more views (for his YouTube channel) so as to earn money from social media. The present case is an example as to how YouTube is being misused.
Scientific inventions are made for the welfare of mankind. The Internet is one such wonderful invention that has transformed the lives of many, the judge said. Even an ordinary man is uploading his day to day activities, skills, thoughts, travel experiences on YouTube. In fact, in modern society, in most families, everyday meals are prepared using the videos uploaded on YouTube, the judge said.
The intermediaries like YouTube operating from abroad are bound by the law of the land. YouTube has formulated YouTube Community Guidelines. If anyone violates the guidelines, they will get a warning first and if not complied with, their account will get terminated. In case of any violation of the conditions, it is the duty of the intermediaries to remove or block the channel as per the terms of the agreement. It is the duty of the intermediaries to ascertain whether the videos are in accordance with their policies and guidelines. If it is not blocked or removed even after it was brought to their knowledge, the intermediaries are committing an offence under the Information Technology Act.
The contents of the YouTuber’s video violates the terms and conditions of the intermediary and as such, the investigating agency ought to have brought the same to the knowledge of the intermediary. If the intermediary, even after bringing such violation to their knowledge, failed to remove the videos, then the investigating agency shall book them as well, the court said and cancelled the bail granted to YouTuber ‘Sattai’ Duraimurugan.
