Directing the Union government to restore the website of popular Tamil magazine ‘Ananda Vikatan’, which was blocked following the publication of a satirical cartoon depicting Prime Minister Narendra Modi shackled in chains with US President Donald Trump, the Madras High Court on Thursday laid down the condition that the magazine temporarily remove the cartoon.

Passing interim orders on a petition filed by the Ananda Vikatan group of publications, challenging the February 25 order blocking the website and seeking a direction of the Union Information and Broadcasting (I&B) Ministry to restore public access to the website, Justice D Bharatha Chakravarthy directed the government to lift the ban on www.vikatan.com, and asked the website to temporarily take down the cover page with the cartoon.

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The judge reasoned that public access to the entire website need not be blocked until the court decided whether the publication of the cartoon fell within the ambit of freedom of expression or whether it affected friendly relations with foreign nations. He made it clear that the Ministry, without waiting for a court order, should restore the website once the magazine took down the cartoon.

The magazine, with a legacy of over a century, published the cartoon on February 10, in the context of illegal immigrants deported by the US with chains, which had caused public outrage. It appeared in its web-only edition. The I&B Ministry, acting swiftly on a complaint by Tamil Nadu BJP president K Annamalai, blocked the website and later explained that the cartoon impinged upon the sovereignty of the country and relations with foreign countries, especially the United States.

On behalf of the magazine, it was argued that there was no reason to block access as it did not fall under any of the criteria laid down in law for blocking public access to information. Neither any damage has been caused to the sovereignty and integrity of the country nor any damage has been caused to the relations with the US, it was submitted. Further, it was contended that the blockade involved journalistic freedom and the right to free speech for the world over magazines publish satirical cartoons of political leaders. Also, the Union government had refused to inform the details of the complainant at whose behest public access to the website was blocked, it was pointed out.

Appearing for the I&B Ministry, Additional Solicitor General Ar. L Sundaresan contended that the ‘offensive’ cartoon would definitely affect relations with the US and that the blockade was within the ambit of relevant statutes – Art. 19 of the Constitution and Section 69A of the IT Act.

He submitted that as per the recommendation of a committee constituted by the I&B Ministry, public access to the magazine’s website could be allowed if the magazine voluntarily removed the ‘offending’ cartoon.