Delhi High Court to pass orders to take down defamatory content against BJP leader Gaurav Bhatia

The Delhi High Court on Thursday said that it pass directions for removal of defamatory content on social media about BJP leader and Senior Advocate Gaurav Bhatia over his recent appearance on a TV news show, which went viral.

Justice Amit Bansal told that he will ask offending entities to take down defamatory memes and videos and if they don't comply, he will ask the intermediary platforms hosting the content to take down the same.

"We will order take down of defamatory videos. If they are not taken down by the defendants, the intermediary will do it. We will pass orders," the Court orally said.

Bhatia had appeared on a news show on News 18 channel earlier this month. During the introduction to the show by journalist Amish Devgan, Bhatia was seen wearing a kurta allegedly without pants/pyjama.

A slew of memes and videos then began circulating on internet and social media about the incident prompting Bhatia to approach the Court.

On September 23, Advocate Raghav Awasthi appeared for Bhatia and said that he (Bhatia) was wearing shorts, and the cameraman showed the bottom half of his body by mistake. 

Awasthi stated that social media posts related to the incident violate Bhatia's privacy and objectionable comments must be removed.

Bhatia also appeared before the Court in person that day and submitted that people on social media cannot be allowed to use derogatory words like 'nanga (nude)' concerning his appearance on TV. 

"I stand before you because reputation is earned over decades," he said. 

When the matter was heard today, Bhatia said that the offending content goes beyond the realm of free speech and amounts to defamation.

"The same defendants are posting with the same remarks like "nanga". They don't join [the proceedings] but say all this. This can't be freedom of speech, this can't be humour and satire if you go to this extent to defame a person who has earned his reputation through hard work. I am asking for an order to be passed against them and to restrain them," he submitted.

Advocate Mamta Rani Jha appeared for Google and said that the initial order should be passed against the offending websites or social media handles and only if the same is not complied with can directions be issued to intermediaries.

"There are defendants like Newslaundry and Delhi Patrika... when your lordships are passing the orders, the first direction has to be passed to the defendants and then to the intermediary," Jha said.

The Court then said that it will pass directions to the offending parties first.