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The Trust asserted that in the video, the YouTuber alleged, as if, the Trust was supported by RSS and wanted to eliminate the Christian religion
The Madras High Court recently directed a YouTuber, Surendar alias Naathikan, to pay Rs 50 lakhs in damages to the Seva Bharathi Trust, Tamil Nadu. Surendar made a video in 2020, falsely implicating the Trust in the custodial death of two Christians.
In an order dated March 6, Justice N Satish Kumar held that when the public was already agitating in respect of the custodial deaths, circulating such false allegations without any semblance of truth and portraying the Trust in a bad light in the eye of the public was nothing but clear case of defamation with a malafide intention.
Merely, under the pretext of freedom of expression, one cannot make interview intruding the privacy of others, the Law does not give such absolute license to the Youtubers and the social media to spoil the reputation of others, said the single judge bench.
Court emphasised that it cannot shut its eyes when such false allegations are circulated targeting innocent persons as circulating statements have increasingly become a tool for blackmailing people.
"These things cannot be encouraged, unless it is discouraged in the initial stage, there will not be an end and every black mailer may use the social media platform to blackmail others by spreading false and unnecessary news," observed the court.
The order was passed in a civil suit filed by Seva Bharathi Trust, Chennai through its Trustee Rabu Manohar. A prayer was made for a permanent injunction restraining the YouTuber from posting anything defamatory or derogatory against the Trust. Apart from that, a demand was also made for damages of Rs.1,00,01,000 and a public apology.
The case of the Trust was that being a charitable trust engaged in rendering yeoman service for the poor and needy, it has a very good reputation in society, but, in 2020, under the banner of Karuppar Desam, the YouTuber made completely false, baseless, and defamatory allegations against it with regard to the alleged murder of two persons inside the police station.
The Trust asserted that in the video, the YouTuber alleged, as if, the Trust was supported by RSS and wanted to eliminate the Christian religion.
Before the high court, the YouTuber remained ex parte, despite service of summons.
Case Title: Seva Bharathi v. Surendar @ Naathikan
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