‘When Speech Crosses the Line, It Collides with Right to Dignity’: Delhi HC Cautions Social Media Users

When speech crosses the line into insult, humiliation or incitement, it collides with the right to dignity, the Delhi High Court has observed while cautioning social media users to exercise restraint online.

Justice Ravinder Dudeja said that the freedom of speech and expression guaranteed under Article 19 of the Constitution must be exercised within reasonable limits and cannot infringe upon another’s dignity. “Free speech should therefore not trample on dignity and vice versa,” the Court observed.

In its detailed 11-page judgment, Justice Dudeja added a word of caution for social media users. “The internet has made knowledge easily accessible by intensifying its circulation. With this, however, it has also brought a large audience of every age group. Thus, any content on the internet is porous and accessible to a large audience. Every content on the internet must be uploaded with great caution, especially when the uploader has a large audience and exercises influence in society,” the Court said.

These observations were made by the Court while granting anticipatory bail to actor Ajaz Khan in a case relating to alleged sexually explicit remarks made on social media against YouTuber Harsh Beniwal’s mother and sister.

The FIR against Khan was registered at the Cyber Police Station in Delhi under Section 79 of the Bharatiya Nyaya Sanhita (formerly Section 509 IPC) and Section 67 of the Information Technology Act.

The complaint, filed by Beniwal’s mother, alleged that Khan had posted a reaction video containing sexually explicit remarks against her and her daughter following a parody video titled “A Day With Najayaz Bhai” uploaded by Beniwal. The parody had carried a disclaimer stating it was a work of fiction.

The Court also took note of the growing influence of social media personalities, observing that both the petitioner and the complainant’s son were influencers with large followings. “The audience may be influenced by the material posted by them, and even if the content is deleted after being uploaded, it would reach a large set of audience, leading to republishing or debates among followers, which eventually affects the victim,” the Court said.

"Thereby, one should cautiously use social media before posting any content, as it might adversely affect not only the particular individual but their respective fans also at the same time,” the Court added.

While granting relief to Khan, the Court held that arrest should not be “mechanical or automatic” when there is no need for custodial interrogation and reiterated that “the law leans in favour of liberty.”

Case title: Ajaz Khan v. State (NCT of Delhi)

Bench: Justice Ravinder Dudeja

Order date: October 9 2025