Social Media Can't Be Used To Undermine Judiciary, Intermediaries Must Act Without Waiting For Court Orders : Delhi High Court

The Delhi High Court has observed that while social media enables instant dissemination of information, it cannot be permitted to become a tool for undermining judicial institutions, interfering with the administration of justice or maligning judges through scandalous allegations.

A division bench comprising Justice Neena Bansal Krishna and Justice Madhu Jain underscored that freedom of speech, though constitutionally protected, does not extend to publications that prima facie scandalise courts, erode public confidence in the justice delivery system or obstruct the independent discharge of judicial functions.

It clarified that fair criticism of judicial orders remains permissible, but allegations of corruption, collusion, criminality or improper motives against judges, without lawful basis, stand on an entirely different footing.

“While easy access to social media has undeniable benefits, as it enables information to spread instantaneously, it cannot be overlooked that such tools must be used responsibly and not as instruments to undermine institutions or cause harm to society. Any endeavour to use them, to cause harm to the society or to interfere [with] the independence of Judiciary and to malign the institutions and individuals, cannot be accepted in this country, where Rule of Law and principles enshrined in the Constitution of India, prevail,” the Court observed.

The Bench further remarked that individuals engaging in contumacious acts intended to scandalise the judiciary must be dealt with sternly in accordance with law.

While observing so, the Court emphasised the responsibility of social media intermediaries, observing that they cannot remain silent when unlawful content targeting constitutional institutions is brought to their notice.

Referring to Section 79(3)(b) of the Information Technology Act, 2000, the Court observed that intermediaries are under a statutory obligation to expeditiously remove or disable access to content being used to commit unlawful acts once they acquire actual knowledge of such material.

“While individuals who commit such contumacious and scandalous acts, are to be dealt with sternly as per law, but intermediaries can also not be a silent spectator and wait for the directions from the Courts,” the Bench observed.

“Therefore, as soon as it comes to the knowledge of intermediary that there is an information, which is being used to commit an unlawful act, it is under an obligation to immediately remove the information, data or communication link residing in or connected to resource controlled by the intermediary and expeditiously remove or disable access to that material on that resource without evidence in any manner,” it added.

The Bench passed the order while ordering removal and take down of social media videos and posts containing “contemptuous” allegations against a sitting High Court judge by a man who blamed the judge over a recent incident wherein a building collapsed in Saket area claiming 6 lives.

The Court directed social media platforms Meta, Google LLC, X Corp and LinkedIn to remove the scandalous posts against the judge forthwith and also indicated that a detailed order will be passed for blocking of the handle.

The development ensued in the criminal contempt petition filed by Delhi High Court Bar Association (DHCBA) against one “Dr. Kapil Kakar”, who also uploads a series of videos on a page namely “Black Justice”.

The lawyers' body said that through the videos and posts, Kakar has made scandalous, false and contemptuous allegations targeting the sitting judge. It was also alleged in the posts that the single judge is the “real criminal” behind the unfortunate deaths and that the judge was a “murderer.”

Kakar also posted a video questioned that if the judge will be sent to jail or be hanged to death for the deaths in building collapse.

Title: Delhi High Court Bar Association v. Dr. Kapil & Ors

Click here to read order