The duty of intermediaries to block or remove content violating their guidelines without requiring FIR or court orders, and the need for effective execution of existing legal provisions to curb offenses such as hate speeches.

JUDGMENT

(Prayer: To cancel the Bail granted by this Court in Crl. OP(MD)No. 9381 of 2021, dated 06.08.2021.)

1. The Court made the following order:-

I invented the atomic energy for the upliftment of the human kind. I did not expect that the same would be used for disastrous effect. Had I anticipated the same, I would not have invented atomic energy. This was the anguish expressed by Dr.Albert Einstein after the exploitation of his invention in World War II at Hiroshima and Nagasahi during the year 1945.

2. Scientific inventions are made for the welfare of the mankind. At the same time, it is also being misused. Internet is one such wonderful invention in the 21st century, which has transformed the lives of many. YouTube is an online video sharing and social media platform, claiming to have more than one billion monthly users, who collectively watch more than one billion hours of videos each day. It is claimed by YouTube that they are providing sixty three lakh job opportunities in India alone. Even an ordinary man is uploading his day-to-day activities, skills, thoughts, travel experiences etc., on YouTube. In fact, in the modern society, in most of the families, everyday's meal is prepared using the videos uploaded in YouTube.

3. The present case on hand is an example as to how YouTube is being misused. The first respondent is an YouTuber and he has made certain derogatory remarks as against the former Chief Minister of the State of Tamil Nadu. On the complaint lodged by one P.Rajasekar, a case in Crime No.559 of 2021 was registered as against the first respondent, on the file of the petitioner, for the offence under Sections 153(A), 504 & 505(i)(b) IPC r/w Section 67 of the Information Technology (Amendment) Act, 2008 and he was also apprehended.

4. Seeking bail, the first respondent has moved Crl.OP(MD)No.9381 of 2021 and during the course of hearing in the said application, the first respondent has filed an affidavit of undertaking stating that he has realized his mistake and that he will not indulge in any such activities in future. By recording the undertaking affidavit filed by the first respondent, this Court, by order dated 06.08.2021, has granted bail.

5. According to the petitioner, the first respondent, despite the undertaking affidavit filed before this Court, is repeatedly involved in making derogatory statements as against the Hon’ble Chief Minister of Tamil Nadu. Hence, they have moved this application for cancellation of bail earlier granted by this Court to the first respondent in Crime No.559 of 2021.

6. Learned Additional Public Prosecutor appearing for the petitioner / police, has made his submissions as follows:-

6.1. YouTube pays money to the channels depending upon the number of views and the subscribers of the channels. That apart, YouTubers are also making money by allowing the advertisements to run amidst their videos.

6.2. The first respondent is repeating the offence of making derogatory remarks, intentionally, in order to induce the public to have more views for his YouTube videos, so that he could gain pecuniary remuneration from the YouTube.

6.3. In the case in Crime No.559 of 2021, the first respondent has made certain derogatory statements as against the former Chief Minister of Tamil Nadu and this Court has granted bail only based on the affidavit of undertaking filed by him. In that application, the first respondent has stated that he has realized his mistake and that he will not indulge in any such activities again. However, the first respondent continues to commit these kind of offences, which amounts to civil contempt and therefore, they have filed this application to cancel the bail.

7. Learned Additional Public Prosecutor has also filed the details of cases registered as against the first respondent, which reads as follows:-

i. Cr.No.309/2021, u/s.143, 147, 294(b), 447 & 506(ii) IPC, on the file of the Trichy K.K.Nagar Police Station;

ii. Cr.No.2/2021, u/s.153, 505(i)(b) IPC