EXCLUSIVE: Three independent Tamil channels win battle against censorship by MeitY-YouTube after 6 months of a gritty battle

Karikalan, editor in chief of RootsTamil had been in journalism over six years by which time his fearless questioning had already earned him the targeted ire of Tamil Nadu BJP leader, Annamalai. Launching RootsTamil in May of 2022, his viewership touched 1,51,000 a year later. Then began an attack that unfolded into a saga unleashed through a combined assault by YouTube and MeitY at the behest of the MHA. 

When arguments lead by advocate Richarson Wilson were advanced by the petitioner, strangely, union of India’s MeitY were silent and left the response entirely to the corporate giant YouTube. This when it was at the behest of MHA-MeitY that the channels had been clocked/removed in the first place!

Now for the detailed timeline.

First, eight videos of RootsTamil were blocked (geographically) in India on May 16, 2023. Within a month on June 15, 2023 the entire channel was (geographically) blocked in India. Immediately thereafter, Karikalan and his team created Roots 24X7 on June 15, 2023 and on the next day, June 16, 2023 appealed to YouTube requesting information about the blocking of RootsTamil. Within five days they were simply informed –on June 21, 2023 that Roots 24X7 was terminated (permanently removed). [Reasons later given revealed that Karikalan was wrongly charged with “impersonation” of another channel when, in fact, it was that channel that had come in later impersonating Roots 24X7. On the same day, Karikalan and his team appealed to YouTube to restore 24X7 when on the same day they receive a reply that the channel cannot be restored. 

Then, on June 26, 2023, the team appealed to MeitY to restore RootsTamil and the very same day, unsurprisingly the Ministry replied confirming the complaint received from Union Ministry of Home (MHA) and asserting their action directing, to block the Roots Tamil. Undeterred, another channel on YouTube was created called Tribes but this time it took MeitY four months to block Tribes on October 6, 2023. This was when the feisty team filed a writ petition under Article 226 of the Constitution in the Madras High Court on October 18, 2023 demanding a restoration of their right to free speech! By November 2023 when the final order in their favour was delivered by the Madras High Court, huge resources and a substantial viewership had been sacrificed by this young journalist and his team. 

The six-month long saga meant that Tamil news channels were unilaterally removed, two others also blocked that were created in the wake of the blocking also blocked. Finally, both YouTube and MeitY went on the backfoot only after the Madras HC stayed the last censorship order (October 6, 2023) blocking Tribes and MeitY was forced to unblock all channel(s).

The devious role of MeitY extended even during the hearings in the High Court. When the stay was first granted in October 2023 and Tribes channel restored, Karikalan the editor in chief received a call from MeitY asking them to “apologise” for the content that had been removed! When he refused saying he had merely reproduced, reported on speeches and press conferences of social and political leaders, against whom no action had been filed, no cases lodged why should his news channel as communicator be penalized (victimized)? Undeterred the MeitY official tried to push harder asking him for a letter assuring that no such content against “National security” or “sovereignty” would be used in future. Again. Karikalan declined stating that when he did not accept the allegation, where was the question of such a pre-emotive note. Finally, MeitY had to give in to the impending proceedings in the High Court.

The Saga of a Fight for Free Speech –A Timeline:

16-May-2023: 8 Videos were blocked in India.

15-June-2023: “Roots Tamil” was blocked in India.

*15-June-2023: New Channel “Roots 24×7” was created.

16-June-2023: Appeal to YouTube Team, requesting the information about the blocking of “Roots Tamil”.

*21-June-2023: “Roots 24×7” was terminated (permanently removed).

21-June-2023: Appeal to YouTube Team to restore “Roots 24×7”.

21-June-2023: YouTube Team replied that the channel cannot be put back.

26-June-2023: Appeal to MeityY to restore “Roots Tamil”.

26-June-2023: MeitY replied, confirming the complaint received from Union Home Ministry and asserting their action directing, to block the “Roots Tamil”.

July 2023: Created new channel for third time, Tribes” 

06 Oct 2023:  MeitY initiated the process to block Tribes” 

18 Oct 2023:  Case Filed at Madras High court

Nov 2023:    All 3 channels were restored 1) Roots Tamil 2) Roots24X7 3) Tribes

Justification for MHA-MeitY-YouTube’s covert action

YouTube a mega corporation owned by Google clearly does as it is ordered by the union government of India. One-line responses to reasons for disappearances of content –without prior notice – are all that the service provider gives to YouTubers and Editors of YouTube channels. The much-abused section 69A empowers the Union Government to block the public from accessing “any information” on the internet when: (1) the Government believes it is “necessary or expedient”; and (2) it is in the interests of the defence, sovereignty, integrity, or security of India or its relations with foreign states, public order, or the incitement of a cognisable offence relating to these categories. When the government decides to block content, it must follow the procedure set out under the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009; however scant procedure was followed here.

In this instance too, it was when Karikalan appealed to MeitY, from June 2023 onwards that the reasoning of sorts, citing section 69(A) of the IT Act 2000 for eight videos in question was provided. MeitY, in its response stated that, as per a “complaint received from Ministry of Home Affairs, repeatedly videos have been by you (RootsTamil, Roots 24X7) which are “strongly advocating dissolving of India and fight for Tamil Independence, burning of constitution and inculcating separatists’ sentiments among people about ideology of Tamil Nationalism, separate Tamil nation etc have been reported.” Moreover, since “these kinds of posts are definitely against the interest of sovereignty and integrity of India”, accordingly “the inter-ministerial Committee has recommended blocking the YouTube channel. Based these recommendation and approval of Competent Authority, directions for blocking have been issued.”

The saga does not end here. In its appeal for a hearing before MeitY, Karikalan and team explain in detail the unreasoning behind the hasty and unilateral decision.

In their reasoned response to the MeitY they point out specifically that, only eight (eight) videos have been identified by MeitY as reasons behind the punitive action. All eight videos relay Coverage and News Reporting of various Political Public Meetings by Political Parties concerning their official stand on various current issues, Protests by Political Movements in Tamil Nadu, and the interviews of the Members and Participants. None of those actually making these speeches have been acted against, no cases filed. 

This is a classic case of “Shooting the Messenger”.

For example:

1. The following https://www.youtube.com/watch?v=6gDxd2eP8UA displays Mr. Thiyagu’s speech at a Public Meeting held on behalf of Periyar EVR’s 144th Birth Anniversary (Social Justice Day) organized by ‘Podhumai Sei Study Circle’ at Porur, Chennai. In this speech, Mr. Thiyagu criticizes the Tamil Nadu DMK Government and Dravidian Model. He compares Periyar EVR’s perspective of the Dravidian Model with the DMK-led government’s Dravidian Model. He also explains the Periyar EVR’s dream of a casteless, religionless Dravidian Society and criticizes Chief Minister MK Stalin-led DMK Government.
   
2. The following https://www.youtube.com/watch?v=rRe5dWYL8dE displays Mr. Jayaraman’s speech at a public meeting at Arangam, Adyar, on Feb 12th of 2023, held on behalf of the 200th Anniversary of Saint Vallalar. The topic discussed was, knowing Vallalar through the words of Valluvar. He explained the history of Vallalar, How Vallalar fought against the discriminatory the Caste system. He also criticized those who wish to create a casteist ecosystem with the name of Tamil and Tamilnadu.
3. The following https://www.youtube.com/watch?v=YV-Z6zARBUM displays Mr. Pozhilan’s speech at a Seminar on 02nd April 2023 on the topic ‘Who are Tamils’, at Pavalareru Tamil Kalam, Medavakkam, Chennai. This was organized as there are debates in Tamil Political Scenario (e.g.: Naam Tamilar) reg Tamil People and their Castes. Mr. Pozhilan insisted that no one should be discriminated against by birth and that No caste should be a prefix or suffix to Tamil.
4. The following https://www.youtube.com/watch?v=fd4VwWAdg3k displays Mr. Praveen’s speech at a public meeting held at MGR Nagar Market, Chennai. The meeting was about Manu Smrithi which had created controversies in Tamil Nadu (Also at that time Honorable MP Mr. A. Raja’s speech related to Manu was widely commented on and debated). He explained why Dr. Ambedkar resigned from the Ministry and why Periyar EVR called the cadres to burn the Constitution and also recalled the incidents and historical reasons stated about these events. He quoted Periyar’s speech, wherein he asks that, if the law protects the castes, then why shan’t we burn those laws? In the same way, why shouldn’t we burn the constitution/law? The ultimate intention is nothing but the critical approach towards the caste system and historically how the Tamil people and Periyar handle any law which supports caste system.
5. The following https://www.youtube.com/watch?v=xaj7gfjtyW8 displays Mr. Kondalsamy’s speech at a public meeting held at MGR Nagar Market, Chennai. The meeting was about critical analysis of Manu Smrithi which had created debate in Tamil Nadu in recent days (Also at that time Honorable MP Mr. A. Raja’s speech related to Manu was widely commented on and debated). He highlighted since 1989, around 30 judgments issued by the court of laws of different jurisdictions which quoted Manusmrithi. Also, he spoke regarding how Manusmrithi was and irrelevant and injustice on par with modern Constitution and Rule of Law.
6. The following https://www.youtube.com/watch?v=aC43eyts4Mc displays the Interview with Mr. Rajiv Gandhi, Spokesperson and Student wing chairperson of Dravida Munnetra Kazhagam. In this video, he explains the Speech of Honourable MP A. Raja about Manusmrithi. He also explains Hindu Code Bills, the usage of the word Sudra, and the odds of caste discrimination. Also, he explains how Sethupathi Chieftains/Kings went to the Privy Council against the then-existing laws/Hindu laws and got their rights of succession and their properties.
7. The following https://www.youtube.com/watch?v=aC43eyts4Mc displays Hon’ble Justice GR Swami Nathan’s speech at a book release function about the demography and constitution, of Tamil language activists. Professor and Researcher Mr. Mani Ko Panneerselvam gave an Interview reg the above speech. In this, Prof explains what were the view of Sankaracharya and a few of his supporters. He compared Bhagavad Gita and Thirukural. Also, he explained how the views of Manu Smrithi followers and Thirukural followers differ.
8. The following https://www.youtube.com/watch?v=_gJtOP3tMac Mr. Viduthalai Arasu and Mr. Kali Poongundran’s speech at a Public Event about the fundamental right under article 15. This public conference’s core motive was Equality and Social Justice. It was organized by association of Priests trained by the Govt of Tamil Nadu scheme. The dismissal of Priests appointed by (the Govt of Tamil Nadu) at Vayalur Murugan Temple, by the High Court order has been taken for discussion. Both Mr. Seeni Viduthalai Arasu of Thanthai Periyar Dravidar Kazhagam and Mr. Kali Poongundran of Dravidar Kazhagam spoke about the social justice movement and Periyar EVR’s Social Contribution in that arena. No person should be banned from performing Pooja based on race or caste was the core insistence of their speeches. Also the Judge’s remark and judgment were quoted all along the speech and critically analysed with the relevant Judgments of Apex Court in the same subject matter.

This was when finally, they are called to Delhi for a meeting at MeitY. On arrival there, Karikalan who is fluent in Tamil and other south Indian languages urges that he be assisted by his counsel since officials only spoke English! When initially they refused the advocate entry, Karikalan – a journalist who had already expended considerable resources for travel and stay from Chennai to Delhi—insisted on getting this refusal in writing. At this, MeitY officials disappear, confer, then return and inform him of relenting, accepting his advocate’s presence but –ironically—stating that this would now be a meeting not physical, but online. Which means that the entire effort was further postponed and their trip wasted.

Detailed documents of this fascinating and tragic case study are available with the channel but cannot be published as MeitY has decreed that their “Orders are confidential as per rules of procedure”

During the arguments in the Madras High Court, Karikalan the Petitioner submitted succinctly that since as of date, “no penal action has been initiated against any of the political parties, Members or Movements, Speakers, etc. of the aforesaid concerned identified videos. Therefore, the channel by itself has not transmitted any information against the interest of the Sovereignty or integrity of India, the security of the State, Friendly relations with foreign States, Public Order, etc. The channel has not violated the intermediary guidelines and digital media ethics.” 

Besides, he argued that “the wholesale blocking of an account is not only disproportional and excessive, but it impedes a user’s right to freedom of speech and expression enshrined under Article 19(1)(a). It effectively assumes that the future speech of the user would also fall within the four corners of the grounds under Section 69A of the IT Act and renders the user incapable of voicing themselves. Initiates a prior restraint on speech as well as a chilling effect that prevents users from posting anything in fear of losing access to their accounts.”

The judgement of the Madras High Court may be read here

Detailed documents of this fascinating and tragic case study cannot be published or made public because MeitY Orders are “confidential” as per their “rules of procedure”

Postcript:

Section 69A (a product of the 2009 Rules) was applied to ensure this draconian mode of censorship even as the controversial 2021 changes to the IT Rules had been notified on April 6, 2023. Communicator comedian, Kunal Kamra filed his petition challenging these amendments on April 10, 2023 and on April 24, 2023 the Union of India gave an undertaking to the court not to notify the amendments stayed. A split verdict was delivered in the Bombay HC in January 31, 2024 and now the case will be heard afresh. 

A brief legal analysis of the present situation may be read here