Direct TN DGP to frame guidelines on registration of criminal cases for social media posts, political criticism and online speech, demands PIL in Madras High Court

The petitioner requested the DGP/HoPF to draft guidelines based on the statement he made on 20 August 2026 and circulate them to all police departments. | Photo credit: FILE PHOTO

A PIL has been filed in the Madras High Court seeking the Director General of Police/Chief of Police (DGP/HoPF) to frame uniform guidelines for police officers across the state to deal with complaints related to social media posts, political criticism, satire and online speech.

Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan are expected to hear the plea filed by Chennai-based advocate H. Syed Ali. The petitioner sought a direction from the DGP/HoPF to draft guidelines based on the statement he made on August 20, 2026 and circulate them to all police divisions and cells.

He said the need for the case arose due to the increasing number of criminal cases filed against political commentators, activists and social media users for criticism, satire, political opinion and democratic dissent expressed through online platforms. He said that in several cases the police dealt with complaints mechanically without examining whether the speech was protected under Article 19(1) of the Constitution.

Referring to the cases filed against DMK Vilathikulam MLA GV Markandayan, Gen Z party wing leader A. Anbanantham and party sympathizer Vinoth Suryakumar, the PIL petitioner said, all these cases require setting guidelines for the police to follow in dealing with complaints against the democratic right to freedom of expression.

He said the Telangana High Court on September 10, 2025 laid down eight guidelines to be followed by the police to prevent misuse of criminal law in matters related to political speech and social media posts. The guidelines included background checks on applicants, conducting preliminary investigations for cognizable offenses and applying a high threshold for social media posts and public speech offences.

The Telangana High Court has warned the police against mechanically registering criminal cases in cases involving harsh, offensive or critical political speech. Since defamation is a non-cognisable offence, the police could not directly register FIRs in such cases without a judge’s order. He also warned the police against automatic arrests and insisted on closing unfounded/motivated complaints.

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

Published – 5 Nov 2026 01:18 IST