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Lift ban on Tamil magazine's website over Modi-Trump cartoon row, HC directs Centre
The cartoon was deemed by the Centre to be ‘detrimental to the sovereignty and integrity of India’ and its ‘friendly relations with foreign states’
The Madras high court on Thursday passed an interim order, directing the Union ministry of information and broadcasting (I&B) to unblock the website of a Tamil magazine, Ananda Vikatan, on the condition that the latter temporarily removes an offending cartoon featuring Prime Minister Narendra Modi and US President Donald Trump.
Justice D Bharatha Chakravarthy passed the interim order on a petition filed by the Ananda Vikatan Productions Private Limited, and the Ananda Vikatan Publishers Private Limited, seeking the quashing of the I&B ministry’s February 25 order for blocking the website (www.vikatan.com). The petitioners also sought direction to the Centre for immediate restoration of the public access of the website.
The cartoon in question, published on the magazine’s website on February 10, has been deemed by the Centre to be detrimental to the sovereignty and integrity of India and its friendly relations with foreign states, especially the US.
During the hearing, the magazine submitted that its cartoon was a form of political satire that was tied to the mistreatment of Indian deportees from the US. Senior advocate Vijay Narayan, representing the magazine, argued the cartoon neither caused any damage to the sovereignty and integrity of the country nor harmed the friendly relations between India and US. The senior lawyer also said the matter involved journalistic freedom and the fundamental right to freedom of speech and expression.
Additional solicitor general (ASG) ARL Sundaresan, representing the Centre, maintained the cartoon was liable to be blocked under Section 69A of the Information Technology Act (IT Act), since it affected India’s sovereignty and integrity and its friendly relations with a foreign government. This was a reasonable restriction on fundamental rights, he said, seeking two weeks to file the government’s reply.
After hearing both sides, Justice Chakravarthy said the public access to the entire website need not be blocked until the court could decide whether the cartoon falls within the ambit of freedom of speech and expression or whether it affects friendly relations with a foreign nation.
“Until a detailed counter-affidavit is filed, the website can be unblocked, and the petitioners shall remove the cartoon,” the court said in the order, posting the matter for hearing on March 21.
