The Delhi High Court has sounded a note of caution for social media users, particularly influencers posting online who command the attention of vast audiences.
Justice Ravinder Dudeja observed that while freedom of speech and expression is a fundamental right under Article 19 of the Constitution, it cannot trample on individual dignity.
“When the speech crosses the line into insult, humiliation or incitement, it collides with the right to dignity…The freedom of 'speech' and 'expression' granted by the Constitution under Article 19 must be exercised within the bounds of the reasonable restrictions it places,” the judge said.
The remarks were made while granting anticipatory bail to actor Ajaz Khan, booked for making sexually explicit remarks on social media against the mother and sister of YouTuber Harsh Beniwal.
The Court observed that since both Khan and Beniwal are social media influencers, they must be cautious of what they post.
“Even if the content is deleted after it is posted by them, it would reach a large set of audience thereby leading to republishing of the same content/sparking a debate over the content among their followers, which eventually affects the victim,” the Court said.
It added that while the internet has made knowledge easily accessible by intensifying its circulation, with this, however, it has also brought a large audience of every age group.
“Thus, any content on the internet is porous and accessible to a large audience. Every content on the internet must be uploaded with great caution, especially when, the uploader has a large audience and exercises influence in the society,” the Court said.
Appearance: Mr. Khalid Akhtar, Mr. Bilal Khan, Md. Shadan, Mr. Ahteshanuddin, Advs. for Petitioner; Mr. Yudhvir Singh Chauhan, APP with Insp. Sandeep Panwar and SI Naveen, P.S. Cyber Central.
Case title: Ajaz Khan v. State
Case no.: BAIL APPLN. 3126/2025
Click here to read order
