'Social Media Cannot Be Used To Malign Judiciary': Delhi HC Orders Removal Of Contemptuous Content
· Free Press Journal
The Delhi High Court has observed that while fair criticism of judicial orders and institutions is permissible in a democracy, social media cannot be used as a tool to malign judges or interfere with the independence of the judiciary.
The court stressed that baseless allegations attributing improper motives to judges do not qualify as legitimate criticism and can amount to contempt of court.
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Court Acts On Contempt Plea
The observations came while hearing a petition filed by the Delhi High Court Bar Association (DHCBA), which sought criminal contempt proceedings against social media user Dr Kapil Kakar.
The plea alleged that Kakar uploaded videos making scandalous allegations against a Delhi High Court judge in connection with a multi-storey building collapse in Saidulajab that claimed six lives last month.
A vacation bench comprising Justices Neena Bansal Krishna and Madhu Jain issued notice to Kakar, describing the allegations made in the videos as "absolutely scandalous" and a direct interference with the justice-delivery system.
Social Media Platforms Directed To Remove Content
The court directed major social media platforms, including Instagram, Facebook, YouTube and X, to immediately remove the offending content and block the associated accounts and handles.
It further ordered the platforms to take down any newly discovered URLs carrying similar content within 24 hours of being notified by the Registrar General of the Delhi High Court.
The platforms have also been asked to furnish subscriber information, IP logs and registration details linked to the accounts responsible for uploading or circulating the material.
'Intermediaries Cannot Be Silent Spectators'
In a significant observation, the court said online intermediaries cannot remain passive when unlawful content appears on their platforms.
"While individuals who commit such contumacious and scandalous acts are to be dealt with sternly as per law, intermediaries can also not be a silent spectator and wait for directions from the courts," the bench observed.
The court emphasised that once social media companies become aware of unlawful content, they are obligated to disable access to it without delay.
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Highlighting the importance of responsible online conduct, the court noted that social media's ability to spread information rapidly comes with a corresponding responsibility.
It said any attempt to use digital platforms to undermine institutions, harm individuals or interfere with judicial independence cannot be tolerated in a constitutional democracy governed by the rule of law.
The matter is expected to be heard further after responses are filed by the concerned parties.