The Delhi High Court gave a harsh warning on Thursday, saying that social media influencers with many followers need to be “very careful” when they post because they have a lot of power in society.
Justice Ravinder Dudeja made the comments while deciding on actor Ajaz Khan’s petition for anticipatory bail in a lawsuit against him. The case was filed because someone allegedly posted sexually graphic and threatening films aimed at the mother and sister of Harsh Beniwal, a well-known YouTuber and social media influencer.
The Court’s Warning to Influencers
Justice Dudeja said that the internet is a good thing because it makes knowledge more accessible, but he also pointed out that it may be dangerous because anyone of any age can see anything on it.
The court said that:
“Before we leave, I want to say something to people who use social media. The internet has made it easier to get information by making it more widely available. But it has also drawn in a lot of people of all ages. So, anything on the internet is open to anyone and can be seen by a lot of people. People should be very careful when uploading anything to the internet, especially if they have a lot of followers and are influential in society.
The Ajaz Khan Case’s Background
The lawsuit began when Harsh Beniwal’s mother filed a complaint, mostly based on Section 79 (outraging the modesty of a lady) of the new Bharatiya Nyay Sanhita (BNS) and Section 67 of the Information Technology Act.
Beniwal’s mother said that Khan made sexually explicit comments in response to a parody YouTube video her son made called “A Day with Najayaz Bhai.”
Khan’s Defense: In his petition, Khan said that Beniwal had used insulting and false language to describe him as a drug dealer and a molester. His video was just a response to this. He also said that his own video in response had been taken off later.
The Delhi police, represented by Additional Public Prosecutor Yudhvir Singh, said that Khan had not worked with the investigation agency and that the crimes he was accused of had serious social consequences, especially in light of the rise of online gender-based abuse and digital defamation.
Decision on Anticipatory Bail
The court finally decided in Ajaz Khan’s favor and gave him anticipatory bail. The main reason behind the decision was that the Bombay police already had the phone Khan used to record the video, which made custodial interrogation less necessary. The court told Khan to post a personal bond of ₹30,000 with one surety and to fully assist with the inquiry that is still going on.
Not all speech is free.
The Delhi High Court’s 11-page order also made it quite clear that freedom of speech has boundaries and is not an absolute right.
The decision said:
Article 19 of the Constitution gives people the right to free speech and expression, but they must do it within the limits of reasonable constraints. When communication becomes insulting, humiliating, or inciting, it violates the right to dignity. So, free expression shouldn’t hurt people’s dignity.