Aastha Thakur
Published on July 27, 2022 at 21:11 IST
The Kerala High Court denied anticipatory bail to YouTuber who allegedly insulted a woman belonging to a Scheduled Tribe through an interview which was published on social media account.
The Court observed that there is a prima facie case under the SC/ST (Prevention of Atrocities) Act was made out against him.
Justice Bechu Kurian Thomas ruled that the digital presence of the victim through the internet is sufficient to qualify as ‘public view’ as contemplated under Section 3 of the Act.
The Court also added that each time the content of the uploaded video is accessed by viewers, they are construed under the ‘public view’ and they become present, directly or constructively, in the broadcast or telecast of the content.
The case arise as petitioner being Managing Director of an news channel ‘True TV’ telecast the interview of the woman’s husband and father-in-law on his channel after getting provoked by his friend arrest and fellow media person. The interview was aired through the petitioner’s online media and was uploaded on YouTube and circulated through Facebook as well.
He was soon booked on the allegation that the interview spewed insult, hatred and ill-will against the members of the Scheduled Tribe community, apart from abusing and ridiculing the victim.
Apprehending arrest in this case, the petitioner moved the High Court seeking pre-arrest bail which was dismissed.