India court reserves orders in preventive detention case against YouTuber for defamatory remarks News
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India court reserves orders in preventive detention case against YouTuber for defamatory remarks

The Madras High Court of India reserved orders on Tuesday over a challenge to the preventive detention of a content creator on the YouTube platform by the Government of Tamil Nadu after hearing arguments from both sides.

The court questioned the Government of Tamil Nadu’s application of the Goondas Act, a preventative detention statute, against YouTuber Savukku Shankar for allegedly defamatory and false remarks. According to local media reports, the court questioned if the government had been selective in detaining others who disseminated false information on TV and social media.

The bench, consisting of Justices SM Subramaniam and V Sivagnanam, noted that, although the dissemination of false information has become widespread, employing preventive detention laws against dissidents could be seen as a step backwards to colonial times. They also pointed out that people have the freedom to choose what they watch on TV or YouTube and that debates frequently feature opposing viewpoints, according to the local media.

The bench highlighted that in case an offence is committed by an individual, it is the responsibility of the state machinery to register a case against the individual and that for this purpose, regular channels as provided under the authority of law are available, holding further that detaining without utilising these channels first is a draconian measure in contravention of the fundamental right of free speech and expression, provided to every citizen of India by Article 19(1)(a) of the Constitution of India. Article 19 provides a fundamental right to free speech and expression for the citizens of India, enabling individuals to freely express their ideas and beliefs. This right is subject to reasonable restrictions in the interest of public order, security, and morality.

The Tamil Nadu Goondas Act is a preventative detention statute in the Indian state of Tamil Nadu that aims to reduce criminal activity by holding persons who pose a danger to public order or security. It permits persons to be detained without formal charges for up to a year if they are persistent criminals or engaged in significant crimes. The legislation aims to reduce crime and preserve public order by eliminating prominent persons who are deemed disruptive influences.

The Supreme Court previously ordered Shankar’s release from custody, ordering the High Court to swiftly decide the matter opposing his preventive detention.

 

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