No take down order against media without hearing them: Delhi High Court to J&K Deputy CM in defamation case

The Delhi High Court on Tuesday told Jammu and Kashmir Deputy Chief Minister Surinder Kumar Choudhary that it will not pass orders for the take-down of allegedly defamatory content uploaded by news platforms against him without first hearing the concerned news platforms [Surinder Kumar Choudhary v. Google LLC -India Liaison Office and Ors]..Choudhary is a member of the Jammu & Kashmir National Conference (NC). In the 2024 elections, he won the Nowshera assembly seat, defeating the then-J&K BJP president. On October 16, 2024 he was sworn in as the Deputy Chief Minister of the Union Territory..Choudhary moved the Court for the removal of social media content that allegedly features him in a phone conversation with a woman containing ‘sexual undertones’. It is his case that the audio clip is fake, fabricated and defamatory. The case was heard initially on December 2 when the Court directed social media intermediaries to provide Chaudhary with information about the uploaders of the content. .Justice Amit Bansal heard today an early hearing application filed by Choudhary.Senior Advocate Rajiv Nayar appeared for the politician and said that he is a public figure facing "colossal damage" every day, and his face is plastered on all the posts."Look at the colossal damage this man is facing every day. Every day is the damage," he said.The counsel appearing for the social media intermediaries pointed out that the relief sought is against local news channels.Nayar submitted that his issue is with his face on the defamatory content.Justice Bansal noted that some of the videos are from the year 2023."Your face has been there for a year, you have moved the court now," the judge said.The Court added that the news channels may come and say that the content is correct and therefore, they must be impleaded as parties to the defamation suit. "If the news channels come and say this is correct. Then what?" the Court asked. .Nayar said that at the moment, the Court may not pass an order against the news channels but issue an injunction against other uploaders.However, the Bench said that it may be easier for Choudhary to implead the uploader of the defamatory content and the Court can then take a call on passing orders.Ultimately, the Court directed the social media companies to provide details of the content uploaders to Choudhary's lawyers within three days.It also allowed Choudhary's application for an early hearing and said that the case will be heard on December 16 this year and not January 13, 2026, as ordered earlier. "Let plaintiff take steps to implead the uploaders and serve them," it added..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.