A Landmark Judgment on Social Media Misuse. Madras High Court has mandated a YouTuber, identified as Surender alias Naathikan, to compensate Rs 50 lakh in damages to the Seva Bharathi Trust. Court determined that a compensation of Rs 50 lakh was appropriate, considering the severity of the allegations and their impact. The defendant has been given a one-month deadline to comply with the payment.
The Madras High Court has mandated a YouTuber, identified as Surender alias Naathikan, to compensate Rs 50 lakh in damages to the Seva Bharathi Trust. This decision comes after the YouTuber made unfounded allegations linking the trust to the controversial custodial deaths of P Jayaraj and his son Bennix in 2020.
Justice N Satish Kumar, presiding over the case, emphasized the limitations of free speech, stating,
“Merely, under the pretext of freedom of expression, one cannot make an interview intruding the privacy of others. The Law does not give such absolute license to the YouTubers and the social media to spoil the reputation of others. Therefore, this Court cannot shut its eyes when such false allegations are circulated targeting innocent persons.”
The court’s decision was influenced by the derogatory content circulated by Surender, under the banner of ‘Karuppar Desam,’ which not only maligned Seva Bharathi by falsely associating it with the RSS and anti-Christian activities but also baselessly implicated it in the deaths of Jayaraj and Bennix. The allegations were deemed to incite hatred against the Christian community and were labeled as defamatory with malicious intent.
The judgment highlighted the misuse of social media platforms to spread false information, noting,
“Circulating statements nowadays used as a tool to blackmail the people.”
The court observed that the timing of the video, released amidst public unrest following the custodial deaths, exacerbated the defamation, portraying Seva Bharathi in a negative light without any factual basis.
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Justice Kumar remarked on the gravity of the situation, stating that such actions, if left unchecked, could enable every blackmailer to exploit social media for spreading baseless and harmful news. The court, therefore, concluded that Seva Bharathi was justified in seeking redress for the damage caused to its reputation and activities due to these unfounded accusations.
While the trust initially sought damages amounting to one crore, the court determined that a compensation of Rs 50 lakh was appropriate, considering the severity of the allegations and their impact. The court also imposed a permanent injunction against Surender and his associates, prohibiting them from publishing any further defamatory content against the trust.
The defendant has been given a one-month deadline to comply with the payment, after which an interest rate of 7.5% will be applied to the due amount. This landmark judgment serves as a cautionary tale for content creators and social media users, highlighting the legal consequences of spreading false and defamatory information online.
Represented by Mr. S. Ravi, Senior Counsel for M/s. Gupta and Ravi, Seva Bharathi Tamil Nadu has marked a significant victory in the fight against online defamation and misinformation. The case, titled Seva Bharathi Tamil Nadu v Surendar @ Naathikan (C.S.No.60 of 2021), sets a precedent in the legal landscape, stressing the importance of responsible communication in the digital age.
CASE DETAILS:
Case title- Seva Bharathi Tamil Nadu v Surendar
Appeared for the Seva Bharathi-Senior Counsel S Ravi.
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