The Bombay High Court on Wednesday refused to entertain a public interest litigation (PIL) filed by Shiv Sena MLA Kiran Samant seeking action against alleged misuse of social media by influencers and comedians, including stand-up comic Kunal Kamra, and advised the legislator to pursue alternative statutory remedies.
A division bench comprising Chief Justice Alok Aradhe and Justice M.S. Karnik observed that the reliefs sought in the PIL were “general in nature” and that the petitioner had an “efficacious remedy” available under the Information Technology Rules to lodge a complaint with the designated nodal officer for blocking objectionable content.
Samant had filed the PIL alleging that influencers and comedians were misusing social media platforms under the guise of free speech to spread misinformation, undermine institutions, and defame public figures. The plea named the Union Ministry of Information and Technology, Google, and comedian Kunal Kamra as respondents.
Referring specifically to Kamra’s recent show in Mumbai, where he allegedly made derogatory remarks against Maharashtra Deputy Chief Minister Eknath Shinde, the PIL claimed that such content disturbed the democratic fabric of the country. The video of the show, uploaded in March, sparked controversy and led to multiple FIRs for defamation, including in Mumbai.
However, during the hearing, Chief Justice Aradhe orally remarked, “What may be considered misuse by the petitioner may be seen by others as freedom of speech. The petitioner cannot determine that.”
Senior advocate Darius Khambata, appearing for Kamra, pointed out that existing laws, including the Information Technology Act, 2000, and the Blocking Rules of 2009, already provide for mechanisms to address grievances related to online content.
The bench concurred, noting that Samant had not invoked these statutory provisions before approaching the court and that judicial intervention through broadly worded directions, such as setting up a censorship and vigilance committee, would amount to encroaching into policy-making — a domain reserved for the legislature and executive.
