'Can't Defame Anybody On Social Media' : Bombay High Court Asks Salman Khan's Neighbour To Consider Deleting Posts Against Him
The Court asked the party why he uploaded social media videos when he has approached the Courts regarding the dispute with Khan.
"Just because one has access to social media does not mean they can upload videos about any person, whether a common citizen or a celebrity, merely to defame them," the Bombay High Court remarked on Thursday (June 11), while directing Ketan Kakkad, a neighbour of Bollywood actor Salman Khan's Panvel farmhouse, to consider deleting tweets and videos posted by him, or containing statements made...
"Just because one has access to social media does not mean they can upload videos about any person, whether a common citizen or a celebrity, merely to defame them," the Bombay High Court remarked on Thursday (June 11), while directing Ketan Kakkad, a neighbour of Bollywood actor Salman Khan's Panvel farmhouse, to consider deleting tweets and videos posted by him, or containing statements made by him, concerning the ongoing dispute between the two over their properties.
Justice Sharmila Deshmukh made it clear that she will not 'waste' the precious judicial time over the issue on whether such videos should be uploaded or deleted as she opined that the parties must restrict their fight to the courts and not indulge in a social media battle.
"Why upload such videos on social media, you could have agitated before the appropriate authorities... The videos are uploaded way back in 2019 and 2020, who will be interested in this now? Why have a trial in media? Why are you objecting?" Justice Deshmukh questioned Kakkad's lawyer.
At this, the counsel attempted to submit that there is 'some element of truth' and that the videos have been made by some YouTubers, who spoke to his client about the issue.
"I am not denying anything about your element of truth etc. it may be but why waste judicial time? Your withdrawal of the video won't mean that your stand would be diluted because you are deleting the video... Why waste judicial time on whether a video must be uploaded or deleted... Is this what the judicial time should be used? Why waste our time? You go before appropriate authorities, go to court, lead evidence but why social media?" Justice Deshmukh remarked.
The judge further said that the YouTube videos if not uploaded by Kakkad, can still be deleted by issuing directions to the intermediaries. The judge made it clear that no one can simply upload a video to bring disrepute to someone just because they have easy access to social media in todays time.
"Nobody can just upload a video and then go to a court? You are very well aware, a video goes viral on social media within seconds... No one can just upload anything about anybody... You just cannot bring disrepute to someone be it a celebrity or a common man by uploading a video on social media or by tweeting something. Why you want videos on social media?" Justice Deshmukh remarked.
To this, the counsel submitted that the videos in question are not the 'most viral videos' on social media that may bring any disrepute to Salman Khan. However, the judge clarified that even if the video is a most viral one or not, it cannot remain on social media and that Kakkad must instead fight his case before the competent authorities and in the court.
"Therefore, just delete the videos and the tweets..." Justice Deshmukh ordered, while granting time to the counsel to seek instructions from his client Kakkad on the very issue.
The dispute between Kakkad and Khan concerns to their properties in Panvel. While Khan has a farmhouse called 'Arpita Farm House' in Panvel, Kakkad has a property in the neighbourhood. It is Kakkad's contention that Khan has breached various environmental laws and has 'blocked' the access road to his property. He has claimed to have filed complaints before the authorities concerned but there has been no action.
Thus, Kakkad, an NRI, had put up some tweets against Khan and also about the entire issue. Thereafter, he gave some interviews to certain YouTube channels, who uploaded the videos on the social media platform.
Taking exception to the same, Khan contended that these tweets and videos were 'defamatory' and thus had moved a Civil Court seeking to remove the objectionable content. However, the lower court refused to grant any injunction against Kakkad and therefore, he moved the instant appeal in 2022.
The matter would now be heard again in July.
Advocates Parag Khandhar, Chirag Mody and Zara D appeared for Salman Khan.
Case Title: Salman S Khan vs Ketan Kakkad (AO/454/2022)