Should Bail Conditions Restrict Free Speech? Supreme Court Overturns High Court's Directive to Shut Down YouTube Channel

The Supreme Court on September 27 set aside a controversial condition imposed by the Madras High Court, which required YouTuber Felix Jerald to shut down his channel, "RedPix 24x7," as a precondition for bail in a criminal case related to allegedly scandalous remarks made during an interview with 'Savukku' Shankar.

A bench comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra held that the High Court's bail condition was unnecessary and irrelevant to the case. The bench confirmed its earlier order from September 6, which had stayed the High Court’s directive.

During the September 6 hearing, when interim relief was granted, the Supreme Court raised concerns over the petitioner's decision to publish scandalous comments against the judiciary and women police officers. "You are making scurrilous allegations against the judiciary and all women IPS officers... why do you host such interviews?" Chief Justice Chandrachud questioned.

Senior Advocate Gopal Shankaranarayanan, representing Felix Jerald, acknowledged that the interview should not have been hosted but argued that shutting down the channel was an excessive measure. He pointed out that "RedPix 24x7" had been operating since 2004, boasting over 2 million subscribers. Shankaranarayanan also referred to the Supreme Court's decision in the Mohammed Zubair case, which ruled against imposing bail conditions that restrict social media activities, including tweeting.

Jerald faces charges under Sections 294 (b) and 506 (1) of the Indian Penal Code, along with Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, in connection with content shared on his channel featuring Savukku Shankar.

Case Reference: Felix Jerald v. State | SLP(Crl) No. 11762/2024