Telangana HC Permits Producer To Approach MIB For Removal Of Defamatory Content "Posted" By YouTuber Who Is Also Booked For Rape
The Telangana High Court in an interim order permitted a Telugu film producer to approach the Union Ministry of Information and Broadcasting for removal of certain allegedly defamatory content about her on social media.
The petitioner has claimed that YouTuber Harsha Sai Kathira in the guise of a script meeting, allegedly sexually assaulted her, recorded the entire incident and went on to publish "photos and videos" of it online.
A single judge bench of Justice CV Bhaskar Reddy in its interim order said, "In view of the above submissions, pending further orders, the petitioner is permitted to make a representation before respondent No.1 by duly enclosing a copy of the crime registered against respondent No.4 vide Crime No.1425 of 2024, dated 24.09.2024 and the social media accounts being maintained by respondent No.4 for forthwith removal/deletion of the said defamatory content from the said accounts and on filing such representation, respondent No.1 shall take appropriate action thereon forthwith".
The petitioner had argued that she had entered into an agreement with Kathira for production of a movie and paid an advance of Rs 50 Lakh. It was contended that in the guise of a script discussion, Kathira committed the alleged offences, recorded the entire incident and taking advantage of the photos and videos recorded published the same on social media.
She contended that she lodged a complaint before concerned police station, which registered an FIR under IPC Sections 328 (Causing hurt by means of poison, etc., with intent to commit an offence), 376(2)(N) (repeated rape on same woman), 354B(Assault or use of criminal force to woman with intent to disrobe), and 354C(Voyeurism).
The order notes that the petitioner had filed a representation on September 27 with the Cyberabad Police Commissioner requesting for immediate action for "deletion/removal" of the content on social media, as "it would affect her personal life and liberty".
After considering the submissions the court passed the interim order and listed the matter for hearing on October 22.
In her plea, the petitioner has alleged that on March 16, 2023 Kathira invited her to his villa for a script discussion. She claims that he "forced" her to have a drink; as she was "intoxicated and lost consciousness" Kathira allegedly had forcible intercourse with her and filmed the entire incident. The plea alleges that Kathira started to blackmail the petitioner her using the purported videos and photos. It alleges that the offence occurred on several occasions and Kathira used physical force and threats to coerce the petitioner into submission.
The plea claims that subsequently Kathira allegedly began pressuring the petitioner to transfer to him copyrights of the film that she has been producing; when she refused Kathira allegedly blackmailed her that he would "publically circulate" the purported content.
The plea claims that since the FIR was registered, Kathira has been absconding and has allegedly released "scripted and misleading audio calls" to various digital and satellite media channels with the malicious intent to defame her, adding that they have posted this unsubstantiated content.
She had claimed that the actions of Kathira and various media outlets violated her fundamental rights under Articles 14, 19, and 21 of the Constitution of India. She has argued that the widespread dissemination of unverified and potentially defamatory content about her case on numerous digital platforms constituted a breach of her right to privacy and dignity as a victim of sexual assault. She has cited Section 228A of the Indian Penal Code, which prohibits the disclosure of rape victims' identities, as being violated by the respondents' actions.
Case title: X v/s Union of India & Others
Counsel for petitioner: Adv. Mujtahid Hussain
Counsel for respondents: GP for Home