Karnataka High Court paves way for restoring X account of TheLiverDoc Dr. Cyriac Abby Philips

The Karnataka High Court on Tuesday paved the way for restoration of X account of Dr. Cyriac Abby Philips better known as TheLiverDoc (@theliverdr) [Dr Cyriac Abby Philips and Anr. v. Himalaya Wellness Company and anr]..The order was passed after Dr. Philips moved the High Court in the wake of suspension of his account on an order by a Bengaluru Court following a defamation suit by pharmaceutical and wellness company Himalaya Wellness.Justice SG Pandit also directed that the offending tweets by Dr. Philips against Himalaya should be hidden for the time being, after his counsel gave an undertaking to that effect. "Learned counsel for petitioner (says he will take) steps to hide the any (offending) tweets with reference to Respondent 1-plaintiff (Himalaya Wellness) and its products. Said undertaking is placed on record and order on IA 2 (to suspend account) is modified to that extent," the Court said, while dictating the order.As per the order later uploaded by the Court on its website, the trial court's order to suspend the X account of Dr. Phillips has been stayed for a period of six weeks. The matter will be heard again in the second week of November. The Court has issued notice in the matter to X Corp as well. .Dr. Philips is an Indian hepatologist and clinician-scientist who is known for his critical views of alternative medicine on social media."I am a hepatologist stating the truth in public interest. This sort of disproportionate, draconian order, could have never have been issued by the trial court ... Could by entire account have been suspended ex parte? And in the plaint they say they were aware of my statements since 2019," Senior Counsel Aditya Sondhi, who appeared for Philips, said..The Court then asked what modification of order was being sought by Dr. Philips.Sondhi said that account should be restored by staying the trial court's order on this aspect. Sondhi added that, in the meanwhile, the nine offending tweets by Dr. Phillips could be temporarily taken down. "The nine offending tweets may be hidden, I leave it to your Lordship ... It is well settled, that such blanket orders cannot be passed, there are Supreme Court judgments," Sondhi said."If you undertake that all those tweets (would be) removed (the trial court order can be modified)," the Court replied..Sondhi, however, made it clear that he was not conceding that the tweets are defamatory and said the tweets can be hidden for the time being while the writ petition is being decided. "I am not conceding (that tweets are defamatory), this Liv52 (Himalaya's product) has been banned by the authorities in the US... Till your Lordships are considering the writ, if your Lordships would ask me to keep these offending tweets hidden and stay the directions, I'm in your Lordship's hands," Sondhi said.The Court took on record this undertaking and ordered that the account be restored subject to Dr. Philips hiding the offending tweets..Himalaya has alleged that Philips was posting defamatory material in order to push products of Cipla and Alchem.In an order passed on September 23, Additional City Civil and Sessions Judge DP Kumaraswamy issued an interim order to suspend the @TheLiverDr account, prompting him to move the High Court for relief..Senior Advocate Dr Aditya Sondhi along with advocates Ameet Datta, Himanshu Bagai, Gitanjali Miriam Mathews, Deepshikha Sarkar, and Bhanu of Saikrishna & Associates and advocate Vikram Unni Rajagopal represented Dr. Phillips before the High Court. .[Read Order]