Court Directs Social Media Platforms to Block Content and Accounts Scandalizing Judiciary
In a significant ruling, the Delhi High Court has ordered the immediate removal and disabling of access to videos uploaded by Dr. Kapil Kakar that allegedly contain contemptuous content accusing judges of corruption and collusion. The Court's directive also extends to blocking the social media accounts used by Dr. Kakar to disseminate this material, stating that such publications do not fall under the protection of free speech when they scandalize the Court or undermine public confidence in the administration of justice.
The judgment, delivered by Justices Prathiba M. Singh and Vikas Mahajan, came in response to a petition by the Delhi High Court Bar Association. The petition sought the removal of offending videos that made grave allegations against sitting judges, deeming them "absolutely scandalous" and a direct interference with the justice delivery system.
The Court noted that while fair criticism of judicial orders is permissible, baseless allegations attributing corruption to judges without lawful basis cannot be equated with legitimate criticism. The judges emphasized that freedom of speech does not extend to acts that undermine the judiciary or its independence.
During the proceedings, the Court observed that Dr. Kakar, who appeared in person, confirmed that the videos were no longer available online. However, the Court ordered social media platforms, including Meta Platforms Inc., Google LLC, X Corp, and LinkedIn, to ensure that any further uploads of the videos or similar content were blocked. The platforms were also instructed to preserve metadata and disclose publication details to aid the Court’s proceedings.
The Court rejected Dr. Kakar's objections regarding procedural issues, such as the consent of the Standing Counsel and the affidavit supporting the contempt petition, deeming them meritless. The Court highlighted the importance of intermediaries acting responsibly and not waiting for court directions when unlawful content is uploaded on their platforms.
The judgment underscores the judiciary's intolerance towards acts that threaten its independence and emphasizes the role of social media platforms in preventing the spread of such content. The case is scheduled for further hearing on September 7, 2026, where Dr. Kakar is expected to present his defense.
Bottom Line:
Contempt of Court - Removal, disabling access to contemptuous material uploaded online - Blocking of URLs containing offending videos and social media accounts justified - Directions issued to intermediaries to preserve metadata and disclose publication details.
Statutory provision(s):
Contempt of Courts Act, 1971 Sections 15, 528 (Bharatiya Nagarik Suraksha Sanhita), Delhi High Court Rules, 2025
Delhi High Court Bar Association v. Dr. Kapil Kakar, (Delhi)(DB) : Law Finder Doc id # 2965470
