A cartoon related to Prime Minister Modi was published in Vikatan’s online paid magazine, Vikatan Plus. Following a complaint regarding this cartoon, the Vikatan website (www.vikatan.com) was blocked on the 15th of last month. Subsequently, it was revealed that the website was blocked in India based on a recommendation from the Ministry of Information and Broadcasting to the Department of Telecommunications.
Vikatan Cartoon Row in Madras High Court
Challenging this action, Vikatan filed a petition before the Madras High Court. The case was heard on March 6 by Justice Bharatha Chakravarthy, who issued the following order:
“The Vikatan website was permanently blocked on the grounds that the cartoon published in the Vikatan Plus issue on February 10 was deemed to threaten the sovereignty of the nation and the strength of bilateral relations, as stated in the blocking order. In response, Vikatan filed a writ petition challenging the order.”
Rahul Unnikrishnan is representing Vikatan in this case. Appearing on behalf of Vikatan, senior counsel Vijay Narayan argued: “The said cartoon does not harm the sovereignty or dignity of the nation. It is merely an artistic expression of political criticism and is protected under the right to free speech and journalistic freedom. Furthermore, the stated ground for blocking the website does not stand, as the cartoon must threaten both sovereignty and integrity to justify such an action.”
Countering this argument, Additional Solicitor General A.R.L. Sundaresan contended: “The cartoon in Vikatan Plus violates Section 69A of the Information Technology Act, which grants the government the authority to restrict fundamental rights for legitimate reasons. The Ministry of Information and Broadcasting’s designated committee reviewed the issue and subsequently requested Vikatan to remove the cartoon from its website.”
Without delving into the merits of the case or the legality of the blocking order, the court stated that the key issues to be determined are whether the caricatured cartoon falls under artistic expression and journalistic freedom or if it comes under the purview of Section 69A. Meanwhile, as an interim relief, the court ordered that the website be made available expeditiously upon receipt of an email from the petitioner confirming the removal of the impugned cartoon—without waiting for the official order copy—subject to further and final orders.
The Additional Solicitor General requested two weeks to submit a detailed counter to the petition filed by Vikatan.
