The Bombay High Court has directed Meta (owner of Facebook, WhatsApp) and other defendants to remove online posts linking jewellery brand Malabar Gold and Diamonds to Pakistan. [Malabar Gold Vs Meta].
The order was passed by Justice after Sandeep V Marne after the company faced a social media campaign targeting its engagement of a United Kingdom-based Instagram influencer of Pakistani origin.
“A case is made out for grant of ad-interim injunction in favour of the Plaintiff for pulling down the posts… Defendant Nos.1 to 7 on whose platforms defamatory material is being published against the Plaintiff, deserves to be restrained from permitting publication of any further defamatory material,” the order dated September 29 said.
Malabar Gold had planned to open a showroom in UK's Birmingham and engaged social media influencers through JAB Studios to promote the launch. One of them was Alishba Khalid, a Pakistani-origin Instagram influencer based in the UK.
According to Malabar Gold, Khalid was engaged before the Pahalgam attack and India’s subsequent Operation Sindoor, but she later publicly criticised India’s surgical strikes. The company said it had no prior knowledge of her political views and discontinued her services after learning of the same.
Despite this, several users began circulating posts alleging that Malabar Gold sympathised with Pakistan. The company claimed these posts were circulated strategically by competitors to harm its festive season sales. It submitted to the Court a list of 442 URLs carrying such content
Accepting these submissions, the Court restrained Meta and other platforms from allowing such defamatory material to remain online.
“Mere utilization of services of the UK-based social influencer by it at some point of time cannot be a reason for spreading defamatory contents by the competitors,” Justice Marne said.
The order specifically directed the following:
All 442 URLs listed in the plaint must be pulled down;
No further defamatory material against Malabar Gold in relation to Khalid must be permitted;
Malabar Gold may report new URLs to the platforms, and if any dispute arises, the company can seek further relief from the Court;
Defendant No.6 is restrained from publishing any printed material linking Malabar Gold to Khalid.
The ad-interim injunction will remain in force until November 11 when the matter will be heard again
Malabar Gold was represented by Senior Advocate Naushad Engineer with advocates Amrut Joshi, Premlal Krishnan, Uazad Udwadia, Rehmat Lokhandwala and Abuzar Khan, instructed by Pan India Legal.
Meta Platforms Inc was represented by advocates Harit Lakhani, Varun Pathak, Amee Rama, Vishesh Sharma, Richa Bharti and Anannya Gogoi, instructed by Shardul Amarchand Mangaldas & Co.
The other respondent was represented by advocate Tanvi Rana instructed by Economic Laws Practice.
[Read Order]