SC grants protection from coercive action to OpIndia owner, editor
The Supreme Court (SC) on Friday granted protection from possible coercive action to the owner and editor of news outlet OpIndia in a criminal case filed against them over allegations of spreading fake news regarding attacks on Bihar migrants in Tamil Nadu. The apex court, however, refused to consider the plea for quashing the FIR lodged in the southern state, according to PTI.
Why does this story matter?
A case was registered against the CEO of OpIndia, Rahul Roushan, and its editor Nupur J Sharma for reportedly spreading fake news and creating a sense of fear in Tamil Nadu among migrant workers. In March, the Thiruninravur Police Station registered a case based on the complaint from Dravida Munnetra Kazhagam (DMK) IT wing member Suryaprakash seeking action against the news outlet's chiefs.
Details on SC bench hearing OpIndia 'fake news' case
Hearing the case, the bench of Chief Justice of India DY Chandrachud and Justice P S Narasimha directed the editor and the owner of the news outlet to move the Madras High Court for relief. The court also noted the submissions of advocate Mahesh Jethmalani, appearing for the defendants, that the impugned news had been taken back already, but both are still facing arrest.
Here's what SC bench said
"We direct there shall be no coercive action against them for four weeks," stated the bench while adding the application for quashing the FIR may be filed in the meanwhile before the concerned court. Furthermore, the SC bench added, "Jethmalani, how can we quash the FIR under Article 32 of the Constitution? You, please go to the Madras High Court."
Details on FIR against OpIndia's owner and editor
As per the complaint, the fake news links of the OpIndia website were circulated widely on numerous social media platforms, including Twitter. The FIR was filed against Sharma and Roushan under Indian Penal Code (IPC) Sections 153A (promoting hatred between different groups on the grounds of residence, religion, place of birth, and race) and 505 (statements conducing to public mischief).
BJP leader book for spreading 'fake news'
K Annamalai, Bharatiya Janata Party's (BJP) Tamil Nadu unit chief, was also booked in the same case last month by the Tamil Nadu Police on charges of spreading enmity between groups and instigating violence. The cybercrime division of the state police booked the BJP leader under the IPC Sections 153, 505(1)(c) and 505(1)(b), and 153A(1)(a).
