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Arrest is not necessary regarding social media posts, important decision of Supreme Court, know what the High Court had said

Summary

Important order of Supreme Court on social media posts New Delhi: The Supreme Court has upheld a decision of the Telangana High Court. This case was related to expressing one’s views on social media, in which the Supreme Court upheld the guidelines of the Telangana High Court. It was clarified that there will be no…

Ronit Sharma

By Ronit Sharma
Feb 03, 2026, 3:19 PM IST

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Arrest is not necessary regarding social media posts, important decision of Supreme Court, know what the High Court had said

Important order of Supreme Court on social media posts
New Delhi: The Supreme Court has upheld a decision of the Telangana High Court. This case was related to expressing one’s views on social media, in which the Supreme Court upheld the guidelines of the Telangana High Court. It was clarified that there will be no arrests directly on social media posts. In an important decision, the Supreme Court has prevented the police from registering a case against harsh, objectionable, critical political speech on social media without investigating and without checking the validity of the complaint of the complainant.

SC’s decision regarding social media posts

This order of the Supreme Court can provide great relief to those who social media post Criticize the government or the ruling party through this. The decision of the Supreme Court protects their fundamental rights. This order may end the current practice of harassing those who post on social media. The guidelines state that before registering a case, the police will have to verify whether the complainant falls in the category of a victim as per the law or not. Along with this, preliminary investigation will have to be done before registering FIR. Police can enforce criminal law only when speech incites violence or threatens public order.

Political criticism, satire is not defamation – HC

Earlier, the Telangana High Court had passed this order quashing criminal cases registered for criticizing the state’s Congress government and the Chief Minister. The High Court had said that the social media posts were clearly political criticism and satire. This is not a reason for anyone’s defamation or public disturbance. They are completely protected by Article 19(1)(a).

Why can’t action be taken

In such the court said That no case of promoting enmity, intentional insult, public nuisance, threat to public order or sedition shall be registered unless there is prima facie evidence showing incitement to violence, hatred, or public disorder. After examining the High Court order and looking at the rules, the Supreme Court said that we appreciate what the High Court has done.

Know what was said in the guidelines

When senior advocate Siddharth Luthra tried to emphasize to the court the need to examine the rules as they would have wide-ranging implications, the court said there was no lacuna in them. The guidelines state that automatic or mechanical arrests are unacceptable, and the principle of proportionality must be followed in the use of the criminal process.