Delhi High Court interim order to remove social media posts alleging Rajat Sharma abused congress leader on TV.

15-6-2024

The Delhi High Court passed the ex parte interim order after observing that Congress leaders had over-sensationalised the incident and that there appeared to be a false depiction of facts.

The Delhi High Court has ordered a takedown of social media posts and videos by Congress party leaders Ragini Nayak, Jairam Ramesh and Pawan Khera alleging that journalist Rajat Sharma abused and used foul language against Nayak on live television.

In an ex parte interim order passed on Friday, Justice Neena Bansal Krishna said that the Congress leaders had over-sensationalised the incident and there was a false depiction of facts.

The Court held that irreparable loss would be caused to Sharma if the content is allowed to remain on social media platforms.

"The X posts (Twitter posts) berating the plaintiff (Sharma) are nothing but an over-sensationalization and depiction of facts which are patently false. Prima facie dissemination of such X Posts has not only caused harm to the reputation of the plaintiff as has been asserted by him, but also has the potential of persistent threat of being used against the plaintiff at any time in future. Such being the imminent threat of misuse of the videos in future, which are prima facie depicting plaintiff in a light which may not be based on true facts, is liable to be restrained from being kept in the public domain till the Suit is finally decided," the Court ordered.

Justice Krishna said that making these videos private or injuncting the Congress leaders from making these videos available on the public platforms would not, in any way, infringe on their right of freedom of speech and expression.

"However, the inconvenience that would result from these videos and X posts/Tweets etc, continuing to remain in public domain, has the potential to cause an inconvenience which may not be possible to be reparated or compensated by damages or otherwise, in future," the Bench said.

It, therefore, ordered,

"From the aforesaid discussion, it is directed that the X Posts/Tweets (URLs annexed as 'Annexure-1') which have not been removed, be removed within seven days by defendants in terms of the Intermediary Guidelines. It is further directed that the videos which are in the public domain be made private by defendant No.2 and not to be put in the public domain, without the Orders of this Court."

The posts have to be removed within a week.

The Court also issued summons to Congress leaders on Sharma's suit and listed the case for further hearing on July 11.

Sharma has sued Nayak, Khera and Ramesh for defamation and sought ₹100 crore in damages.

Several social media handles had posted a video clip of a discussion on India TV (the news channel owned by Sharma) on the day of the Lok Sabha election results claiming that Sharma used foul language against Congress spokesperson Ragini Nayak.

On June 10, Nayak posted the video on X and said that in the video, Sharma can be heard using foul language against her. She then filed a police complaint against Sharma as well.

Later, on June 11, Sharma said that the Congress party's media cell ran a false campaign claiming that he used foul language and that this was a conspiracy.

He said that India TV gave a warning to Congress' communication department stating that if they keep on spreading falsehoods, it would amount to defamation.

"Congress spokesperson was sent with the intention to provoke me," Sharma said on the June 11 broadcast.

He added that despite this warning, the Congress media cell continued making allegations against him and that this was why he has taken legal action.

Sharma's counsel then posted a statement on India TV's official X handle and warned Nayak as well as Congress leaders, Jairam Ramesh and Pawan Khera against making defamatory allegations.

"We have seen your posts on social media where you have accused Mr. Sharma of using abusive language on air. The allegations made by you in your posts are absolutely false and lack any basis and foundation whatsoever. They are malicious and defamatory and clearly constitute fake news. You have blatantly violated all limits of public decency by falsely accusing a personality of high repute. We are taking legal advice on this to take further action," Sharma's counsel said in a statement posted on India TV's X handle.

Senior Advocate Maninder Singh briefed by Sudeep Chatterjee, Rohan Swarup, Kunal Vats and Sanyam Suri of Singh & Singh Law Firm appeared for Rajat Sharma.