KOCHI: As campaigning intensifies across the state and political battles spill over to social media, the Judicial First Class Magistrate, Perumbavoor, recently dismissed a politically sensitive defamation case registered following a Facebook post allegedly circulated ahead of the 2020 local body elections in Ernakulam district. With the state entering election season, legal observers believe more disputes stemming from social media campaigns may reach courts.
The case dates back to September 2020, when a former local body representative approached the police alleging that he was being targeted through a derogatory social media campaign. He claimed his photograph was posted on a Facebook page allegedly run by his political rivals, accompanied by abusive captions portraying him as a “traitor”. He claimed that a few days later, the content began appearing as anonymous printed notices pasted at several places in the locality, including near his house.
The police registered a case and filed a chargesheet against two political workers. However, during trial, the prosecution struggled to establish its core allegation, that the accused had posted the defamatory content on social media.
During the trial, the complainant and two other witnesses told the court that they had seen the Facebook post containing abusive language along with the complainant’s photograph. They also claimed the same material was circulated through messaging platforms and appeared as printed notices.
However, during cross-examination, the witnesses admitted they had neither preserved the post nor did they produce any original screenshot before the court. They also conceded that they had no technical knowledge or proof linking the accused to the Facebook account from which the alleged post was made.