The growing popularity of these internet sensations has unnerved governments across India, often leading to their arrests. Governments are now increasing their scrutiny over the medium and amending laws
On April 8, the Supreme Court restored the bail granted to YouTuber A Duraimurugan Sattai. He was arrested in 2021 for allegedly making derogatory remarks against Tamil Nadu Chief Minister MK Stalin. He was granted bail by a single-judge bench of the Madras High Court, but on June 7, 2022, a division bench of the Court cancelled it after the state government filed a plea accusing him of flouting an undertaking given to the court that he would refrain from making derogatory comments.
The apex court bench of Justices Abhay S Oka and Ujjal Bhuyan stated that there was no evidence to suggest that A Duraimurugan Sattai had misused the liberty granted to him. The bench opined that “if before elections we start putting behind bars everyone who makes allegations on YouTube, imagine how many will be jailed?” The Court also rejected the request of the Tamil Nadu government to impose a condition on Duraimurugan to refrain him from making scandalous remarks while on bail. The Court asserted that the bench would decide what is scandalous and what is not. The bench took note of the FIR filed against the YouTuber, citing his participation in a protest condemning the demolition of Babri Masjid where he was reportedly speaking furiously and demanding the release of certain persons in custody.
The apex court said: “We don’t think that by protesting and by expressing his views, it can be said that the appellant has misused the liberty granted to him. Even otherwise, we are of the view that the grounds mentioned in the impugned order cannot constitute grounds for cancellation of bail.” Thereafter, the bail was granted.
In a similar case in 2021, YouTuber Kishore K Swamy was arrested for circulating defamatory videos and comments against chief minister Stalin and former chief ministers and DMK’s late leaders CN Annadurai and M Karunanidhi. Swamy was apprehended based on a complaint from the coordinator of DMK’s IT wing, Kancheepuram district. The complaint stated that Swamy had circulated videos with abusive and defamatory remarks against the leaders. He had shared them on social media with abusive remarks against the DMK following the government’s decision to train and have women priests in temples. Swamy was produced before a magistrate in Chengalpet and remanded to judicial custody. He was earlier accused of harassing women journalists on social media. He was arrested for it and let out on bail.
On May 30, 2022, the state police arrested YouTuber Karthik Gopinath for criticising the ruling DMK for allegedly misappropriating money for renovating temple statues. After the arrest, the BJP state president K Annamalai came out in support of Gopinath, alleging that the state government was intimidating people.
Another popular Tamil YouTuber Maridhas has had a constant tussle with the Tamil Nadu government. He was arrested at least thrice: for tweets against the state government, for allegedly faking an email address and for making false claims about Muslims spreading Covid-19.
Other state governments too have also used strong-arm tactics to curb these voices. In 2019, eight persons in different parts of the country were arrested for social media posts targeting political leaders
Telangana: In a similar case on March 21, 2023, the Telangana police arrested Q News YouTube channel owner Chintapandu Naveen Kumar alias Teenmaar Mallanna during the late hours for allegedly making derogatory comments against Chief Minister K Chandrasekhar Rao and his family members. After numerous complaints were made at various police stations by his son and IT minister KT Rama Rao and his daughter MLC K Kavitha, action was taken against him.
West Bengal: In September 2022, a person was arrested and six others were booked by the state police for allegedly making derogatory memes about Chief Minister Mamata Banerjee on YouTube. The complainant had named several YouTube channels which he alleged were creating defamatory memes which can disrupt peace and incite violence in the state.
In June 2022, the Kolkata police arrested YouTuber Roddur Roy for allegedly abusing Banerjee and other leaders of the Trinamool Congress during a Facebook live session.
Uttar Pradesh: At least five persons were arrested within a span of three days when journalist Prashant Kanojia was taken into custody for sharing a video in which a woman is seen speaking to reporters outside Chief Minister Yogi Adityanath’s office. The woman claimed she had been talking to Adityanath over video chat and had sent him a marriage proposal. The Supreme Court later ordered Kanojia’s release.
In 2018, two people were arrested in Ballia, Uttar Pradesh, for allegedly making derogatory remarks against Prime Minister Narendra Modi, Uttar Pradesh Chief Minister Yogi Adityanath and Hindu gods in a video posted on social media.
Chhattisgarh: On June 9, 2019, the police in Raipur arrested a 34-year-old man identified as Lalit Yadav for allegedly posting objectionable remarks about then Chief Minister Bhupesh Baghel on social media. The police took action after receiving a complaint from Congress workers. He was booked under Section 67(A) of the Information Technology Act, which deals with online obscenity.
Kerala: In 2019, 149 cases were registered against several people for allegedly posting objectionable remarks about Chief Minister Pinarayi Vijayan. The details of cases filed were provided by the chief minister himself in a written reply in the assembly. Twenty-six people were arrested for making abusive comments about the chief minister in connection with the Sabarimala temple’s ban on women of menstruating age.
Punjab: In 2021, the Punjab police arrested YouTuber Paras Singh after a case was registered against him for allegedly making a racial slur against Arunachal Pradesh MLA Ninong Ering. He was also charged with inciting ill will and hatred towards the people of the north-eastern state.
Jharkhand: In July 2023, the state police arrested Tipu Khan, host of YouTube Channel Bhaukal TV, for uploading a video containing derogatory content against Chief Minister Hemant Soren, state assembly speaker Rabindranath Mahto and drinking water and sanitation department minister Mithilesh Thakur. The complainant said the video was based on wrong statements, evidence and was an attempt to spoil the harmony of the state.
Madhya Pradesh: In 2019, Madhya Pradesh-based YouTuber Abhishek Mishra, with Congress leanings, was arrested by the Delhi Police for allegedly putting up content that hurt religious sentiments. This led to a tussle between the Congress-led state government and the BJP-led central government. The state government granted Mishra police protection after he got bail.
The growing popularity of these YouTubers has unnerved governments across India. As a result, they are now moving to increase their scrutiny over the medium. The central government, through amendments to the law regulating digital spaces, wants to have more control over what can be posted on the internet. Apart from that, many state governments also resort to filing police complaints against dissident YouTubers.
While the central government always had the power to order platforms such as YouTube to take down content, in February 2021, it notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The new rules have strict deadlines for content takedown and prescribe standards for what digital publishers can post on the internet.
—By Abhilash Kumar Singh and India Legal Bureau