'Intermediaries duty bound to regulate content': Madras High Court cancels bail of Youtuber Sattai Duraimurugan

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The Madras High Court on Tuesday canceled the bail allowed to Youtuber Sattai Duraimurugan, arrested for allegedly making derogatory statements against the Chief Minister of Tamil Nadu MK Stalin.

The bench while allowing the plea filed by State Government noted that the social media intermediaries should ensure that the content uploaded on their platform complies with their policies.

A bench of Justice B Pugalendhi noted that if the intermediaries are not removing the content even when the offensive content is brought to their notice, the authorities shall book the intermediaries as well.

The bench was hearing a plea challenging the High Court order allowing bail to Youtuber Sattai Duraimurugan in a matter over allegedly uploading a video making derogatory remarks against CM.

Additional Public Prosecutor had submitted that over the request made to the intermediary for the removal of a video, the intermediary asked for the FIR copies and court order.

It is in this regard, the bench opined that the intermediary should take action of the removal of the offensive content. The bench further noted that the intermediaries should not insist upon a copy of FIR and court orders. Refusing to remove the content is an offense under section 69A (3) of the Information Technology Act, Court held.

Duraimurugan was arrested by the police for allegedly making derogatory remarks against the Chief Minister and others. However, later on, the High Court had allowed bail to him on the condition that he would not make any derogatory remarks against anyone.

In furtherance of this, the State Government moved the High Court seeking cancellation of bail on the ground that even after filing an undertaking the accused continued to make derogatory remarks against the Chief Minister.

Case Title: The Inspector of Police Vs. A.Duraimurugan Pandiyan Sattai Duraimurugan & Anr.