Bengaluru court orders removal of Sameer MD YouTube video on Soujanya case

A trial court in Bengaluru recently ordered the temporary takedown of a video by YouTuber Sameer MD on finding that it prima facie contained defamatory allegations against the administrator of the Shri Kshethra Dharmasthala temple, Dr Veerendra Heggade..An Additional City Civil and Sessions Judge passed the ex parte order on March 6 after a defamation suit was filed by Sukesh AS and Sheenappa, who alleged that a video uploaded by Sameer MD was defamatory.In its March 6 interim order, the trial court found prima facie merit in the allegations that the video contained was defamatory. It, therefore, ordered a temporary takedown of the video and also restrained the publication of any defamatory allegations against Dr Heggade, his family and the Dharmasthala.“The material produced by the plaintiff prima facie would show the alleged video made by the defendant No.1 (Sameer MD) through defendants No.2 and 3 YouTube channel and uploaded and circulated with defendants No.4 to 8 per se amounts to defamation…The Court prima facie found plaintiff would suffer from continuous defamation at the hands of defendants. That the alleged defamatory video contents is widely accessible and shared in social media as described in the schedule of the plaint worsening reputational harm, immediate removal is necessary to prevent further harm,” the order stated..It observed that with the advancement of technology, courts are required to be more practical than ever in such matters. It also observed that defamation involves a violation of the right to privacy.“The communication through internet is an instantaneous and has a wide impact on the public at large,” it observed.It proceeded to pass an ex parte order directing YouTube, Instagram, Facebook and Google to remove the allegedly defamatory content.Sameer MD has also been issued summons in the matter..The video in question, titled Dharmasthala Soujanya Case, is reported to have recounted the rape and murder of a 17-year-old college student in 2012, the events leading to the acquittal of the prime accused and an ongoing movement seeking justice for the rape victim.According to reports, the video also contained veiled references to Heggade.Sameer MD is also facing a criminal case over the said video, on allegations that he offended religious sentiments in his commentary on the Soujanya case. On March 11 (after the trial court’s restraining order) the Karnataka High Court stayed the first information report (FIR) against Sameer MD in the matter. A day after the trial court's order, the High Court also stayed a police notice issued to the YouTuber asking him to appear before the Bellary Police. His plea to quash the criminal case is still pending before the High Court..The trial court, in its March 6 order, also observed that the Soujanya case has come to a logical end after the trial court acquitted those who were accused, and that the YouTube video appears to be a form of media trial.“The murder of Soujanya case has been logically ended after trial the Court has acquitted the accused who were charge sheeted in the said case. Even then the defendant No.1 by way of media trial take up said issue and allegedly made false and vexatious allegations through his YouTube channel, uploading and circulated through defendants No.4 to 8 prima facie, which causes the reputation of plaintiff Institution, its head and his family members,” the trial court said.The matter is scheduled to be heard next on April 25.