The Bombay High Court on Thursday, while hearing actor Salman Khan's appeal against the denial of interim relief by a trial court in a defamation suit, remarked that access to social media does not entitle individuals to publish content that could defame others, whether they are private citizens or celebrities. The court orally suggested an amicable resolution and asked Khan's Panvel farmhouse neighbour to consider deleting the posts and video that the actor alleged were defamatory.
Court's Observations on Social Media Disputes
A single-judge bench of Justice Sharmila Deshmukh indicated that parties should refrain from litigating their disputes on social media and should pursue legal remedies before judicial fora. The court noted that even if posts are made by third parties, steps can be taken to remove them through social media intermediaries. The HC said directions can be passed to intermediaries if necessary to remove posts, even if the posts are by a third party. The matter has been posted for further hearing on July 6.
Background of the Case
Khan had alleged that his neighbour, Ketan Kakkad, made video posts with allegedly defamatory content against him, his Panvel farm, and his family. The actor filed a defamation suit before the city civil court, which granted no interim relief against the posts. In 2022, Khan approached the HC in appeal against the trial court order.
Justice Deshmukh orally suggested that judicial time is precious and ideally should not be spent deciding whether videos should remain online. She frowned on the continued circulation of such content.
Arguments from Both Sides
The actor, represented by counsel Chirag Mody and advocate Parag Khandhar of DSK Legal, contended that the allegations against him in the public social media posts were causing him and his family members grave harm, loss, and prejudice. He argued that the posts are not only defamatory but also contain speculative material that could be communally provocative.
Abha Singh, Kakkad's lawyer in the trial court, had opposed relief, arguing that the actor was seeking to gag him. Before the HC, advocate Anuj Desai appeared to oppose Khan's appeal and sought time for instructions regarding the judge's queries and suggestions.
Kakkad's Position
Kakkad, an American citizen, had earlier argued that he has been unable to rightfully access his land since 2014, when he permanently settled in India, due to a huge gate that obstructs him. The posts garnered significant engagement online, Khan's counsel submitted.
