In a significant push for freedom of speech, the Supreme Court of India has ruled that expressing political criticism on social media should not lead to automatic or “mechanical” criminal proceedings. The apex court emphasized that influencers and citizens cannot be harassed or targeted simply for voicing opinions against the ruling dispensation.

Upholding a previous verdict by the Telangana High Court in the case of State of Telangana vs. Nalla Balu & Anr., the Supreme Court directed that police and administration must refrain from taking immediate action based on a complaint. The administration must conduct a thorough investigation to determine the validity of the complaint before proceeding further. The court cautioned the authorities against “over-activity” and stressed the importance of due process.

The context of this ruling resonates strongly in West Bengal, where instances of arrests over social media posts have been frequent. Professor Ambikesh Mahapatra of Jadavpur University, who was arrested in 2012 for forwarding a cartoon, reacted to the judgment saying that while the ruling is welcome, its implementation remains a concern. Human rights organizations like APDR have hailed the decision as a crucial shield against the trend of using state machinery to suppress dissent across various states, including Uttar Pradesh, Assam, and Bengal.