Conviction, acquittal not based on YouTube video, courts do it: SC

The Supreme Court criticised a Kerala journalist for publishing a defamatory YouTube video targeting a woman politician. Extending his interim bail, the court reminded that convictions aren’t made on social media and urged content creators to promote positivity instead

New Delhi: The Supreme Court on Friday rapped a Kerala-based journalist for allegedly publishing a defamatory video against a prominent woman politician on his YouTube channel “Crime Online”. A bench of Justices BV Nagarathna and KV Viswanathan said, “You want to convict people based on your YouTube videos? Conviction or acquittal doesn’t happen based on a YouTube video. Courts do that.”

The bench continued, “Say some nice things on YouTube. Why do you put this crime online, etc.? Something nice happening in Kerala, God’s own country, speak about that.”

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The top court, in the meantime, extended the interim granted bail to journalist Nandakumar TP who has sought anticipatory bail in the matter.

He was booked under the provisions of the Bharatiya Nyaya Sanhita for offences of outraging a woman’s modesty, intimidation and intent to cause reputational harm aside from dissemination of obscene content electronically. He was also booked under Section 67 of the Information Technology Act which penalises publication or transmission of obscene material in electronic form.

The State police alleged a YouTube video posted by Nandakumar contained derogatory, sexually coloured, and threatening remarks aimed at humiliating and tarnishing the reputation of the woman leader.

The Kerala High Court on June 9 declined to grant Nandakumar anticipatory bail and directed him to surrender before the police. The journalist then challenged the high court order in the top court.