In Salman S Khan vs Ketan Kakkad, the Bombay High Court on Thursday expressed strong concerns over the use of social media to make allegations against individuals while legal proceedings are already pending before courts and authorities.
Justice Sharmila Deshmukh asked Ketan Kakkad, a neighbour of actor Salman Khan’s Panvel farmhouse, to consider deleting tweets and YouTube videos posted by him, or containing statements made by him, regarding the long-running dispute between the parties. The Court questioned why such content was uploaded when legal remedies were already available.
During the hearing, the Court observed that easy access to social media does not give anyone the right to post material that may damage another person’s reputation. The judge stressed that disputes should be resolved through proper legal channels rather than through public campaigns on digital platforms.
“Just because one has access to social media does not mean they can upload videos about any person, whether a common citizen or a celebrity, merely to defame them,” the Court remarked.
When Kakkad’s counsel argued that the videos contained some element of truth and were uploaded by independent YouTube creators, the Court said that such issues could be examined before competent authorities and courts through evidence. However, it questioned the need for a parallel battle on social media.
The Court further noted that whether a video becomes viral or not is not the primary concern. According to the judge, content that may harm a person’s reputation should not remain online merely because it has attracted limited attention. The Court also pointed out that videos uploaded by third parties can be removed through directions issued to intermediaries if required.
The dispute relates to neighbouring properties in Panvel. Kakkad has alleged that Salman Khan violated environmental norms and obstructed access to his property. He claims to have approached authorities regarding these concerns but received no effective response. Following this, he posted tweets and participated in interviews that were later published on YouTube.
Salman Khan challenged the content as defamatory and approached a civil court seeking removal of the material. However, the lower court declined to grant relief, leading Khan to file the present appeal before the High Court in 2022.
Before concluding the hearing, Justice Deshmukh granted time to Kakkad’s counsel to obtain instructions regarding the deletion of the disputed tweets and videos. The matter is scheduled to be taken up again in July.
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