Bombay High Court disposed of Shiv Sena MLA’s PIL on misuse of digital platforms by influencers

Bombay High Court disposes of PIL against misuse of social media by influencers, comedians, and public personalities.

The Bombay High Court on Wednesday (April 30, 2025) disposed of a Public Interest Litigation (PIL) filed by a sitting MLA, Kiran Samant (52) from Rajapur Assembly Constituency in Ratnagiri, Maharashtra, raising grave concerns arising out of rampant misuse and abuse of internet and social media platforms by certain influential personalities.

The petition claimed that under the garb of free speech, the influencers are commercialising their content while deliberately spreading material that is scandalous, derogatory and demeaning to the judiciary and executive of India thereby posing a serious threat to public order, harmony and the rule of law.

The respondents in the matter are Government of India, GOOGLE LLC and satirist and stand-up comedian Kunal Kamra. The MLA has impleaded Mr. Kamra for publishing contemptuous material on YouTube and the Government of India and GOOGLE for failing to regulate such contents.

Calling for enforcement of the IT Act, 2000, and the Intermediary Guidelines (2021), the petitioner has sought judicial directions to ensure accountability, responsible content moderation and protection of the judiciary from being targeted for commercial gain under the cloak of satire or criticism. 

A Division Bench of Chief Justice Alok Aradhe and Justice M. S. Karnik questioned why Mr. Karma was added in the case and said that it is a general PIL asking to curb the misuse of digital platforms by influencers, public personalities and comedians, hence, relief cannot be granted.

“What according to you may be misuse of social media platform, can be free of speech for the society. Who will decide whether it is a use or a misuse? I don’t know how to grant this relief. This is selective targeting. You have impeded only one person but there are several others who say things about judiciary, and you haven’t Impleaded them,” the Bench observed.  

Mr. Samant argued that Mr. Kamra’s tweets calling the Supreme Court “the most Supreme joke of this country” and makes contemptuous remarks about retired Justice D.Y. Chandrachud.