Trial Against Dominique Seedeeal: Intermediate Court Refers to Supreme Court on the Concept of 'Offensive' Message

On December 23, 2025, the Intermediate Court decided to refer a constitutional question to the Supreme Court regarding Article 46(1)(ga) of the Information and Communication Technologies Act (ICTA). They believe that the law lacks clarity in defining an 'offensive' message.

This decision comes in the context of the trial against Dominique Seedeeal, also known as Darren L’Activiste. He is being prosecuted for broadcasting a Facebook Live on the page "Radio Mo Pep" on August 20, 2020, containing remarks directed at Superintendent of Police (SP) Ashik Jagai.

In her ruling, Magistrate Keshri Soochit emphasizes that the term 'offensive' is neither defined in law nor by Article 46(2) of the ICT Act (introduced in 2021), which merely lists criteria to assess harm.

Finding that she does not have a sufficiently precise legal framework to determine guilt, the magistrate seeks the Supreme Court's guidance on the compliance of this provision. Dominique Seedeeal is represented by Attorney Sanjeev Teeluckdharry.