S.Ve Shekhar: Madras HC holds person forwarding social media message liable contents, refuses to quash criminal cases

S.Ve Shekhar: Madras HC holds person forwarding social media message liable contents, refuses to quash criminal cases

The Madras High Court has denied the request to dismiss multiple criminal proceedings filed against actor and BJP politician S.Ve Shekhar. The charges stem from derogatory remarks made against women journalists, which Shekhar forwarded on his Facebook account in April 2018.

Justice Anand Venkatesh emphasized that Shekhar, being a prominent figure with a significant following, should have exercised greater caution when forwarding messages. Shekhar's defense that he had forwarded the message without reading its contents was dismissed by the court, which stressed that such actions do not exempt him from the consequences of sharing a derogatory message.

The court acknowledged the pervasive influence of social media in today's society, highlighting that every individual must exercise social responsibility when creating or forwarding messages. It emphasized that a forwarded message is akin to an arrow already shot from a bow, and apologies cannot absolve the sender of their responsibility once the damage is done.

The court determined that Shekhar's forwarded message insulted journalists, particularly women journalists, resulting in protests and violence. Consequently, the court found that the offenses of intentional insult with intent to provoke breach of peace (S.504 IPC), offense against public tranquility (S.505(1)(c) IPC), outraging the modesty of women (S.509 IPC), and harassment of women (S.4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002) were all established.

The court emphasized that forwarding a message implies acknowledgment of its contents, and individuals who derive satisfaction from likes for such messages must also accept the consequences if the content is derogatory. It further noted that Shekhar's apology could not mitigate the impact of his actions, as allowing such a defense would set a dangerous precedent.

While Shekhar's claim of inadvertently forwarding the messages was considered a matter for trial, the court refused to quash the proceedings against him, ensuring that he faces the charges. However, to prevent Shekhar from facing proceedings in multiple courts for the same cause of action, the court transferred all the criminal cases to the Special Court, Singaravelar Maligai.

Case Title: S. Ve. Shekher v Al. Gopalsamy and Others

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