CHENNAI: The Kerala High Court on Tuesday denied a pre-arrest bail to a YouTuber who allegedly insulted a woman belonging to a Scheduled Tribe through an interview published on social media on the ground that a prima facie case under the SC/ST (Prevention of Atrocities) Act was made out against him, Live Law reports.
Justice Bechu Kurian Thomas ruled that the digital presence of the victim through the internet is sufficient to qualify as 'public view' as contemplated under Section 3 of the Act.
The court added that each time a person accesses the content of the uploaded programme, they become present, directly or constructively, in the broadcast or telecast of the content.
According to the report, recently, TP Nandakumar, a journalist was arrested following a complaint lodged by a woman employee working under him at his online channel and accused him of verbally abusing her and forcing her to make a morphed video of a woman minister. He was released on bail last week.
The petitioner is the Managing Director of an online news channel 'True TV.' Provoked by the arrest of a friend and fellow media person, the petitioner telecasted an interview of the woman's husband and father-in-law on his channel. The interview was aired through the petitioner's online media and was uplodated on YouTube and circulated through Facebook as well.
He was soon booked on the allegation that the interview spewed insult, hatred and ill-will against the members of the Scheduled Tribe community, apart from abusing and ridiculing the victim.
Apprehending arrest in this case, the petitioner moved the High Court seeking pre-arrest bail.