The Madras High Court on Friday, June 16, vacated an interim injunction order it had passed in August last year restricting YouTuber and self-styled whistleblower 'Savukku' Shankar from posting on social media against former Tamil Nadu Minister V Senthil Balaji. The development came soon after Senthil Balaji was arrested by the Enforcement Directorate in connection with a cash-for-jobs scam, and Shankar, who made several posts against him in the aftermath of the arrest, was fined Rs 1 lakh by the same court for violating the interim injunction that was in effect at the time.
Passing the order vacating the injunction on Friday, Justice K Kumaresh Babu made note of several decisions made by the Supreme Court and various High Courts on how only statements made about someone’s personal life should be subject to legal scrutiny, and noted that this was not the case with Shankar’s videos and tweets, as they were referring to Senthil Balaji only in a professional capacity.
Back in August 2022, seeking a permanent injunction restraining Shankar from publishing, printing, broadcasting, disseminating or circulating any content on Twitter, YouTube and Facebook that is defamatory of Minister Senthil Balaji, his defence had also sought directions for Shankar to remove all content “defaming” Senthil Balaji from all social media platforms. With regard to this demand, the court said, “The tweets and YouTube videos have been uploaded by the respondent ('Savukku' Shankar) and had been viewed by the public at large, which would only presuppose that the damage had already taken place. There would be no purpose in directing the respondent to delete the videos and tweets uploaded on YouTube and Twitter against the applicant (Senthil Balaji).” The court also noted that the videos and tweets were published on YouTube and Twitter which are third party websites, and that these platforms were not made parties in the case.
However, the court noted that Shankar is liable for punishment for reposting his earlier statements defaming the Minister despite the interim injunction passed in August 2022 being in force. Earlier, a petition was filed by Senthil Balaji’s lawyers stating that Shankar had violated the interim injunction by posting against him soon after his arrest, and consequently, the court had directed the YouTuber to pay a fine of Rs 1 lakh.
Karthik Seshadri and Elizabeth Seshadri, the lawyers who appeared on behalf of 'Savukku' Shankar, contested the injunction stating that the YouTuber had worked in the Department of Vigilance and Anti-Corruption for 18 years and that he always cross verifies information before sharing posts. They argued, “He has a vast network of sources and cross-verifies all the information where it is necessary and then he comments on such matters. It is the applicant who has to prove his good and respectable reputation and public service independently, before alleging that the respondent’s political commentating has been affecting his reputation.”
In reference to a video shared by Shankar alleging that Tamil Nadu State Marketing Corporation (TASMAC) tenders were being floated by Senthil Balaji — who was the Prohibition and Excise Minister in Tamil Nadu until his recent arrest by the ED — and that bars adjacent to state-run TASMAC liquor stores are run by him, Shankar’s team said that it was common knowledge that liquor is being sold for Rs 5 or Rs 10 higher than the MRP at the TASMAC shops, and that this unaccounted money was being pocketed by people in power in the Prohibition & Excise Department since Senthil Balaji became the Excise Minister.
The defence said, “The conversation [in Shankar’s video] is an analysis on how responsibility can be traced to the highest level about overpricing and unaccounted money in TASMAC operations. The statements of the respondent are justified, true and are evidenced in the public domain by sting videos and several news reports.” The defence cited several examples of Shankar’s videos,saying they were merely pointing out corruption and the state of affairs in Tamil Nadu and were not defamatory to Senthil Balaji.
In August 2022, an interim injunction was issued against Shankar, restricting him from making any social media posts about Senthil Balaji. The Minister alleged that Shankar was involved in a smear campaign against him and was tarnishing his reputation. He further said that Shankar had no proof for the claims he was making and does not follow “journalist ethics, verifies facts, and has genuine sources for his articles and publications.” The petition filed by Senthil Balaji wanted Shankar to pay him Rs 2 crore for the “mental agony, anguish and loss of reputation” he had allegedly caused and wanted him to remove all content defaming the Minister from the latter’s social media accounts.