On 6 March 2025, the Madras High Court granted temporary relief to the Tamil magazine Vikatan, instructing the Union government to unblock its website. However, the relief was conditional on the magazine removing a controversial cartoon depicting Prime Minister Narendra Modi in chains while meeting former U.S. President Donald Trump.
Justice D. Bharatha Chakravarthy issued the directive in response to a writ petition filed by Ananda Vikatan Productions Private Limited and Ananda Vikatan Publishers Private Limited. The petition challenged the Information and Broadcasting Ministry’s order from 25 February 2025, which had blocked public access to Vikatan’s website and sought its immediate restoration.
Senior Counsel Vijay Narayan, assisted by Rahul Unnikrishnan, represented the petitioners. He argued that Article 19(2) of the Indian Constitution allows restrictions on free speech only under specific grounds, including threats to sovereignty, integrity, security, public order, decency, morality, defamation, or incitement to violence. Similarly, Section 69A of the Information Technology Act, 2000, permits blocking content only on these grounds. He contended that merely citing an impact on “sovereignty” without demonstrating harm to “integrity” was insufficient to justify blocking the website.
Narayan emphasized that the published cartoon did not fall under any of the legally defined reasons for restricting access to information. He asserted that the artwork had not harmed India’s sovereignty, integrity, or diplomatic relations with the United States. Highlighting concerns about journalistic freedom, he pointed out that political cartoons of world leaders are common internationally but rarely face such severe actions. Furthermore, he criticized the government for refusing to disclose the identity of the complainant whose grievance led to the website’s blocking.
In response, Additional Solicitor General (ASG) AR.L. Sundaresan countered the arguments by stating that both Article 19(2) and Section 69A include “foreign relations” as a valid reason for restricting content. He argued that the cartoon could negatively impact India’s relations with the U.S., justifying the government’s action. The ASG also pointed out that granting an interim stay on the ministry’s order would effectively resolve the case before the government could submit a formal response. He further noted that an internal committee had already recommended restoring access to the website if Vikatan voluntarily removed the controversial cartoon.
After hearing both sides, Justice Chakravarthy ruled that the entire website did not need to remain blocked while the court deliberated on whether the cartoon fell within the bounds of free speech or affected international relations. He, therefore, instructed Vikatan to temporarily take down the image and notify the ministry so that public access to the website could be restored.
Additionally, Narayan urged the court to expedite the case and direct the government to submit its counter-affidavit without unnecessary delays. In response, Sundaresan assured that the affidavit would be filed within two weeks. Consequently, the judge scheduled the next hearing for 21 March 2025, to review the government’s response.
(With inputs from The Hindu)
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