Telangana HC allows producer to approach MIB for removal of defamatory content “posted” by YouTuber who was also booked for rape

Telangana High Court in an interim order allowed a Telugu film producer approaching the Union Ministry of Information and Broadcasting for the removal of certain allegedly defamatory content about her on social media.

The petitioner alleged that YouTuber Harsha Sai Kathira, under the guise of a script meeting, allegedly sexually assaulted her, recorded the entire incident and posted “photos and videos” online.

A single bench of judges Justice CV Bhaskar Reddy in his interim order said: “In view of the above arguments, pending further orders, the petitioner is authorized to make a representation before the respondent No.1 by duly attaching a copy of the offense registered against the respondent No.4 vide Crime No.1425 of 2024, dated dated 24.09.2024 and the social media accounts being maintained by respondent no.4 for immediate removal/deletion of the said defamatory content from the said accounts and on making such representation, respondent no.1 shall take appropriate action immediately“.

The petitioner argued that she had entered into an agreement with Kathira for the production of a film and paid an advance of Rs 50 Lakh. It was alleged that under the pretext of a script discussion, Kathira committed the alleged offences, recorded the entire incident and taking advantage of the recorded photos and videos published thereof on social media.

She claimed that she lodged a complaint before the 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 of the same woman), 354B (Assault or use of criminal force on a woman with the intention of undressing) and 354C (Voyeurism).

The order notes that the petitioner submitted a representation on September 27 to the Cyberabad Police Commissioner seeking immediate action for “deletion/removal” of the content on social media as “it would affect her personal life and freedom”.

After considering the submissions, the court passed the interim order and listed the matter for hearing on October 22.

In her appeal, the petitioner alleged that on March 16, 2023, Kathira invited her to her villa for a script discussion. She claims he “forced” her to drink; as she was “intoxicated and lost consciousness”, Kathira allegedly had forced sexual intercourse with her and filmed the entire incident. The plea alleges that Kathira started blackmailing her and the petitioner using the alleged videos and photos. It alleges that the crime occurred on several occasions and that Kathira used physical force and threats to coerce the petitioner into submission.

The plea alleges that thereafter Kathira allegedly started pressuring the petitioner to transfer to him the copyright of the film she was producing; when she refused, Kathira allegedly blackmailed her into “publicly circulating” the alleged content.

The plea states that since the FIR was registered, Kathira has been on the run and allegedly launched “scripted and misleading audio calls” to various digital and satellite media channels with the malicious intent to defame her, adding that they published this unfounded content.

She had stated that the The actions of Kathira and several media outlets violated her fundamental rights under Articles 14, 19 and 21 of the Constitution of India. She argued that the widespread dissemination of unverified and potentially defamatory content about her case on numerous digital platforms constituted a violation of her right to privacy and dignity as a victim of sexual assault. She cited Section 228A of the Indian Penal Code, which prohibits disclosure of the identities of rape victims, as being violated by the defendants’ actions.

Case title: X v/s Union of India and Others

Counsel for the petitioner: Adv. Mujtahid Hussain

Advice for interviewees: GP for Home

Click here to download the order