The Delhi High Court said free speech must not be misused to insult or humiliate others, stressing that “free speech should therefore not trample on dignity and vice versa.” Justice Ravinder Dudeja cautioned influencers and netizens to post responsibly, noting that online content can cause lasting harm.
The Delhi High Court has said that the right to free speech cannot be used as an excuse to insult, humiliate, or provoke others, as it clashes with a person’s right to dignity. Justice Ravinder Dudeja made this observation while advising people, especially social media users, to be careful about what they post online.
The Court explained that the freedom of speech under Article 19 of the Indian Constitution must be enjoyed responsibly and within reasonable limits.
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Justice Dudeja clearly stated:
“Free speech should therefore not trample on dignity and vice versa.”
In a detailed 11-page order, the Judge gave a word of caution to users of the internet.
He said:
“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 society.”
These remarks came while the Court was hearing a plea for anticipatory bail by actor Ajaz Khan, who was booked for allegedly making sexually explicit comments about YouTuber Harsh Beniwal’s mother and sister in a reaction video.
The case was registered at the Cyber Police Station in Delhi under Section 79 of the Bharatiya Nyaya Sanhita (earlier Section 509 of the IPC) and Section 67 of the Information Technology Act.
According to the complaint filed by Beniwal’s mother, Khan uploaded a reaction video containing sexually inappropriate remarks against her and her daughter.
This came after Harsh Beniwal released a parody video titled “A Day With Najayaz Bhai” with a disclaimer that it was only fictional.
While examining the case, the Court also looked at the growing role of influencers on social media. Justice Dudeja pointed out:
“The audience may be influenced by the material posted by them, and even if the content is deleted after being uploaded, it would reach a large set of audience, leading to republishing or debates among followers, which eventually affects the victim.”
He further stressed the need for caution, stating:
“Thereby, one should cautiously use social media before posting any content, as it might adversely affect not only the particular individual but their respective fans also at the same time.”
Even though the Court recognized the seriousness of the complaint, it also underlined that an arrest should not be casually made in such cases unless absolutely necessary.
Justice Dudeja remarked that
“the law leans in favour of liberty”
and added that arrests should not be “mechanical or automatic” when custodial interrogation is not required.
By granting anticipatory bail to Ajaz Khan, the Court balanced two important aspects — the freedom of expression and the right to personal liberty, while also reminding social media users that their words can cause deep harm in the digital age.
Case Title:
Ajaz Khan v. State (NCT of Delhi)
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