Sreeja Prasad Sreeja Bhavanam v. State of Kerala
(2020) 3 KLT 286
In the High Court of Kerala
B.A. 2459/2020
Before Justice P.V. Kunhikrishnan
Decided on May 11, 2020

Relevancy of the case: Bail application in a case involving the publication of news containing lascivious content

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67)
• The Code of Criminal Procedure, 1973 (Section 438)
• The Kerala Police Act, 2011 (Section 120(o))
• The Indian Penal Code, 1860 (Section 294(b))

Relevant Facts of the Case

• The petitioner is the anchor for an online news channel that airs on Facebook and YouTube.
• The petitioner published news that was lascivious and appealed to the prurient interest which is an offence under Section 67 of the Information Technology Act, 2000.

Prominent Arguments by the Advocates

• The petitioner’s counsel submitted that the only offence which is non-bailable falls under Section 67 of the Information Technology Act, 2000. He states that the actions of the petitioner do not attract this section. Further, the petitioner regrets her words.
• The respondent’s counsel argued that the averments in the complaint make out a prima facie case that would fall within the ambit of Section 67 of the Information Technology Act, 2000.

Opinion of the Bench

• The Court observed that, Section 67 of the Information Technology Act, 2000 constitutes of three parts- lascivious, appeal to the prurient interest and if its effect tends to deprave and corrupt persons, are not mere ingredients but constitute distinct offences. Further, in Sreekumar v. State of Kerala (2019 (2) KLT 642) it was concluded that, in order to attract Section 67 of the Information Technology Act, 2000, the words must arouse sexual thoughts.
• If a person posts defamatory or lascivious comments on social media and others respond with even more vulgar words instead of approaching the police, the never-ending cycle results in the failure of the rule of law. The Court further stated that certain abusive comments may not fall under Section 67 of the Information Technology Act, 2000. Therefore, the State must legislate to curtail a social media war to maintain public order. Moreover, such culprits can be booked under the existing penal law.
• Therefore, the Court ordered the registry of the Kerala High Court to forward a copy of the order to the Director-General of Police and the Chief Secretary of the Government of Kerala so that they may take appropriate action.

Final Decision

• Application allowed.
• Bail granted.

This case summary has been prepared by Mehula Liza Pallathu, an undergraduate student at the National University of Advanced Legal Studies, Kochi, during her internship with The Cyber Blog India in May/June 2021.