'Free Speech Must Be Protected': In Karnataka, No FIR Against Social Media Posts Without Probe

Last Updated:February 09, 2026, 18:32 IST

Karnataka DGP MA Saleem said a thorough preliminary inquiry into the online content must be conducted to ensure that the law is not being used as a tool for harassment

Now, the Karnataka police will not file FIR against social media posts merely upon receiving a complaint. The director general of police has issued strict guidelines to ensure that there is a preliminary probe before any such action is taken.

According to Karnataka DGP MA Saleem, this is to uphold constitutional rights by protecting freedom of speech and expression.

Saleem said the new rules ensure that FIRs are not mechanically registered against social media posts. Law enforcement agencies can no longer immediately file FIRs on receiving a complaint about online content.

He said a thorough preliminary inquiry must be conducted to ensure that the law is not being used as a tool for harassment. Highlighting the importance of Article 19(1)(a) of the Constitution, he stressed that the freedom of speech and expression must be protected from arbitrary police action.

WHAT DO THE NEW RULES SAY?

Saleem said the updated protocol introduces a strict requirement for identifying the “aggrieved person" in cases of defamation or similar grievances.

Here is all you need to know:

• Under the new rules, police are to reject complaints filed by third parties not directly affected by the social media post in question.
• For allegations involving public mischief, intentional insults, or threats to public peace, an FIR can only be registered if there is clear and compelling evidence of a crime.
• The guidelines specifically caution against the mechanical filing of FIRs involving political speeches.
• In a notable procedural change, police are now prohibited from directly filing FIRs for defamation.
• Complaints in such matters must be directed to a magistrate’s court, as police action can only commence following a judicial order under Section 174(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

WHY HAS THE POLICY CHANGED?

This shift in policy is grounded in the legal principles established by the Supreme Court in the landmark Kedar Nath Singh and Shreya Singhal judgments, which provide a safeguard against the overreach of criminal law in matters of personal opinion.

Saleem made it clear that criminal law should only be applied in instances where there is a direct incitement to violence or a manifest threat to public order.

He cited recent precedents such as State of Telangana vs Durgam Sashidhar Gowd. He has ordered all police units across the state to strictly adhere to these standards to ensure justice is served without compromising individual liberties.

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