Delhi High Court orders take down of YouTube videos which alleged that Pulse candy causes Cancer

The Delhi High Court recently ordered deletion of videos on YouTube which falsely claimed that popular candy Pulse can cause cancer [Dharampal Satyapal Foods Limited v. Study Lover & Ors]. .Justice Prathiba M Singh also directed Google to disclose the identity and details of those who uploaded the offending videos. The Court observed that though the right to freedom of speech deserves to be protected, claims made should be based on credible test reports.“A baseless fear being created especially in respect of products that are approved, would not be permissible,” said the Court adding that "sensationalization" would have to be avoided as the same could lead to unnecessary panic..The Court made the observations in a order passed on a suit filed by Dharampal Satyapal Foods Limited against the videos containing “defamatory and objectionable” allegations against its product Pulse.It was submitted that a video was uploaded by one Ashu Ghai, who runs an educational channel on YouTube, showing him doing certain experiments “in order to come to a conclusion that pulse candy can cause cancer.” In response to a cease-and-desist notice, Ghai agreed to delete the video, the Court was told. However, the plaintiff told the court that Ghai only made the video private and did not delete it. More users later uploaded the same video, the Court was informed..Justice Singh said sometimes such videos and content may create awareness about harmful effects of some products but sometimes such content could also be at the behest of competitors.The Court said since the initial uploader himself had agreed that the video was misleading, no one else would be entitled to re-post the video or its abridged version.Accordingly, the Court ordered that the videos be taken down. However, it also clarified that users would be free to upload factual videos against Pulse candy.“If there is any factual or other kind of videos which the Defendants wish to upload against the Plaintiff’s pulse candy, without sensationalizing the same on the basis of third party issued, scientifically verifiable test reports, the Defendants are free to do so,” the Court said.Advocates Pravin Anand, Vaishali Mittal, Siddhant Chamola, Shivang Sharma and Gitanjali Sharma represented the plaintiff. Advocates Mamta Rani Jha, Rohan Ahuja, Shruttima Ehersa and Amisha Sodani represented one of the defendants.[Read Order]