The Madras High Court on Tuesday has directed YouTube LLC to deposit the revenue generated from a video posted by Youtuber and public commentator A Shankar, popularly known as Savukku Shankar. The video in question allegedly contained defamatory statements against the renowned media house, Lyca Productions. This landmark decision highlights the judiciary’s stance on the misuse of social media to tarnish reputations without accountability.
Justice N Satish Kumar, presiding over the case, emphasized that content creators on platforms like YouTube do not possess the liberty to damage others’ reputations under the guise of freedom of expression. The court’s directive not only aims to penalize the wrongful act but also to prevent Shankar from making any further derogatory claims against Lyca Productions.
Lyca Productions, seeking redress for the alleged defamation, approached the court with a claim for damages amounting to Rs. 1 crore and a permanent injunction to restrain Shankar from issuing any more defamatory or derogatory statements against the company. Represented by Senior Advocate B Raghavachari, the production house argued that Shankar’s video, released in March, along with subsequent defamatory posts on X (formerly known as Twitter), portrayed the company negatively without any factual basis. These claims were reportedly viewed over 6,34,000 times on YouTube and 39,300 times on X, significantly impacting the media house’s public image.
Lyca Productions accused Shankar of intentionally and maliciously defaming the company to tarnish its international reputation. The production house further highlighted Shankar’s history of making baseless allegations against various entities, including political parties, government bodies, and the judiciary, under the pretense of being an independent journalist and whistleblower.
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The court’s decision to restrain Shankar from publishing further allegations and the order for YouTube to deposit the video’s revenue reflects a critical examination of the balance of convenience, which the court found to favor Lyca Productions. This case sets a precedent for how digital platforms and their users are held accountable for content that may harm individuals or organizations’ reputations.
Scheduled for a follow-up hearing on April 12, the case, titled Lyca Productions Pvt Ltd v A Shankar alias Savukku Shankar (Case No: OA 215 of 2024), marks a pivotal moment in the intersection of social media, content monetization, and legal accountability. It underscores the judiciary’s role in regulating content on digital platforms, ensuring that freedom of expression is not misused to the detriment of others’ reputations.
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