CHENNAI: Expressing concern over character assassination of individuals on social media with no restriction, the Madras High Court on Thursday ordered C Dhanapal — brother of the prime accused Kanagaraj (deceased) in Kodanad heist-cum-murder case — to pay Rs 1.1 crore as damages to Edappadi K Palaniswami for linking the AIADMK general secretary with the crime.
Justice R M T Teekaa Raman passed the order on a defamation suit filed by Palaniswami against Dhanapal and granted a permanent injunction restraining him from making defamatory statements in the future.
“It is a sorry state of affairs that in the age of social media, desecration of the reputation of public figures has become child’s play. Anyone can open a social media account and post the messages; thousands of likes and dislikes are received, however, in the process, the reputation of the man who is targeted becomes, sadly, mud ...,” the judge said. He termed the trend of making controversial messages viral as an “unfortunate human tendency in the present age”.
‘EPS can apply for removal of defamatory comments’
Justice R M T Teekaa Raman noted that social media platforms, instead of aiding people with positive data for human evolution and better living standards, now offer a “fertile ground” for the mushrooming of this tendency.
“Further, in modern times, social media platforms, for all their unquestionable and undeniable benefits coupled with their indispensability, come in a combo, with this kind of sordid sequelae,” the judge said.
Referring to the claim of damages, the judge said the court takes note that reputation is an integral part of a man and it enables him to walk with his head held high. The bell cannot be unrung and hence compensation is to be awarded, he said. The judge concluded that Dhanapal’s public statements without any evidence were “nothing but targeted to tarnish the image and reputation” of the AIADMK leader.
Taking into account various aspects, including the gravity of the allegation, size and influence of the circulation, the effect of the publication and behaviour of the claimant and the defendant, the judge said going by the evidence available and other factors, no amount of monetary award can truly compensate for the damage caused to his reputation.
Earlier, Palaniswami filed the defamation suit in the wake of interviews given by Dhanapal on August 24, September 5 and 7, 2023, linking the politician to the murder that occurred in 2017 at the Kodanad bungalow owned by late chief minister J Jayalalithaa.
Senior counsel S R Rajagopal appeared for Palaniswami in the case. Dhanapal was declared ex-parte as he was not represented by a lawyer in the suit.
The judge said that Palaniswami is entitled to apply for the removal of the defamatory comments, which are the subject matter of the suit, and if he applies, all the print, electronic media and intermediaries shall remove these contents.
