Direct T.N. DGP to frame guidelines regarding registration of criminal cases for social media posts, political criticism and online speech, insists a PIL plea before Madras High Court

The petitioner has sought a direction to the DGP/HoPF to frame the guidelines on the basis of a representation made by him on August 20, 2026 and circulate them to all the police divisions.

A public interest litigation petition has been filed before the Madras High Court seeking a direction to the Director General of Police/Head of Police Force (DGP/HoPF) to frame uniform guidelines to be followed by the police personnel across the State while dealing with complaints regarding social media posts, political criticism, satire and online speech.

The First Division Bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan is expected to hear the plea filed by Chennai-based advocate H. Syed Alim. The petitioner had sought a direction to the DGP/HoPF to frame the guidelines on the basis of a representation made by him on August 20, 2026 and circulate them to all the police divisions and wings.

He said, the need for the case had arisen because of increasing number of criminal cases booked against political commentators, activists and social media users for criticism, satire, political opinion and democratic dissent expressed through online platforms. He said, in several instances, police had entertained the complaints mechanically without examining whether the speech was protected under Article 19(1) of the Constitution.

Referring to the cases booked against DMK Vilathikulam MLA G.V. Markandayan, the party’s Gen Z wing leader A. Anbanantham and the party sympathiser Vinoth Suryakumar, the PIL petitioner said, all these instances call for the laying down of guidelines to be followed by the police while dealing with complaints against the democratic right to free speech.

He said, the Telangana High Court had on September 10, 2025 laid down eight guidelines to be followed by the police to prevent misuse of criminal law in matters concerning political speech and social media posts. The guidelines included verification of the locus standi of the complainants, conduct of preliminary inquiry in cognisable offences and applying a high threshold for social media posts and public speech-related offences.

The Telangana High Court had cautioned the police against mechanical registration of criminal cases in matters concerning harsh, offensive, or critical political speeches. Since defamation was a non cognisable offence, the court had said, the police could not directly register FIRs in such matters without a judicial magistrate’s order. It had also warned the police against automatic arrests and insisted upon closing frivolous/motivated complaints.

Though the State of Telangana took the matter on appeal, the Supreme Court had refused to interfere with the guidelines on February 2, 2026. Therefore, the Tamil Nadu DGP/HoPF could also frame similar guidelines by taking a cue from the Telangana High Court verdict, the petitioner said.