Remove Words Like "Hafta Wasooli", "Gunda Raj" From Video Against ANI : Delhi High Court Tells Mohak Mangal

While hearing news agency ANI's defamation suit against YouTuber Mohak Mangal alleging that his recent YouTube video is disparaging and defamatory towards the agency, the Delhi High Court on Thursday (May 29) orally suggested that certain words used by the YouTuber in his video were "offending". While rising for lunch hour, Justice Amit Bansal after watching the video asked Mangal's counsel senior advocate Chander Lall to take instructions on taking down these portions. While watching the video the court orally asked, as to where was the statement 'Penalty hoti hain 5 Lakh ki' coming from asking if this was Mangal's version. After watching the video the court orally said, "Mr Lall take instructions. This is not...Hafta wasooli, gunda raaj. I am giving reasonable suggestion to you. Everytime I found something offending I looked at you. You will take down this...Do it today. Whoever is using this kind of language, please take instructions. There are so many cases filed here against youtube and others..."To this Lall said, "I'll give a red line version whatever portion I'll take down...I'll give a red line version. But hear me for 10 mins after that. I'll show what they are doing is telling"The matter will be taken up after lunch. Mangal violating ANI's copyright contentAppearing for ANI, Senior Advocate Amit Sibal said, "They are violating my copyright content. I say take license. They took clips from my videos, those were interviews. They use them in their own posts. Done on six occassions. There is unlawful publication of my content". Advocate Siddhant Kumar also appears for the news agency. Sibal said that video platform YouTube has a system of copyright strikes. He added, "The conditions are if there is no response... Three strikes and your channel is suspended. I approach them and say you're infringing my content. I offered a license. They could have rejected my offer. Instead of that, to put pressure on me, the defamatory material is circulated against me". Pointing to Mohak Mangal and his subscribers on YouTube Sibal said, "My friend has 4 million subscribers. He posts this on his site. He has five million plus vidoes. He is no ordinary person. And he is earning money on defamation of the plaintiff. He puts my registered trademark ANI and he says unsubscribe. Is a person entitled to pin point a plaintiff and do this in any situation?". Sibal said, "He presents as if there is actual conversation (in the video). Absolutely false"."Vasooli is translated as extortion in English.... Anyone who makes offer of monetary payment, this can be said about them?," Sibal added.Kamra and Zubair's post seem to indicate concerted effort against ANIWith respect to defendants Kunal Kamra, Mohd. Zubair and John does Sibal said, "This seems to be a concerted effort with Defendant no. 1 (Mangal)".Pointing to the posts of the other defendants including Kamra and Zubair Sibal said, Contending that the plaintiff is getting "hate mail", Sibal said, "Just look at the picture with my trademark". The court at this stage asked if the post was by a third party. To this Sibal said, "Yes. Which is why I am asking for John doe. This is to put pressure on me....". The court at this stage orally asked if ANI had filed for copyright infringement. To this Sibal said that the present lawsuit was for defamation and for copyright infringement the plaintiff will file a separate lawsuit. With respect to entering similar agreements with third parties on use of ANI's content Sibal further said, "Similar agreements I am entering into with third parties. Kindly see the remuneration. With social media platform user taking a license from me when I approach them with infringement". Media campaign to malign ANI, agency being referred to as 'Gunda'Sibal thereafter took the court through YouTube's Rules on copyright strikes.Sibal said that Mangal had started a "media campaign against" ANI which has "spiralled into a concerted campaign which is nothing short of defamatory". "They are calling me gunda, kidnapper. They are using my trademark saying block and unsubscribe.I have 8.3 million subscribers. Defendant no 1 has 4.21 million subscribers. He has 5 million views himself. That's the kind of damage done to me. It must have increased now. He makes money out of these posts. Kindly see the advertisements on his channel," Sibal added.Sibal contended that Mangal is using ANI's registered trademark as well. He said that the plaintiff is seeking that these posts be taken down and no similar posts be uploaded to ensure that there is no infringement of ANI's trademark.Sibal further contended that he is also seeking a John Doe prayer as well with respect to content posted by unamed entities against the plaintiff. Pointing to specific URLs, Sibal said, "This is all spiralling". ANI asked Mohak Mangal to pay 40 lakh per year for licenseAppearing for Mangal, senior advocate Chander Lall argued, "What does my channel say? That there is extortion by someone. They...

Remove Words Like "Hafta Wasooli", "Gunda Raj" From Video Against ANI : Delhi High Court Tells Mohak Mangal

Nupur Thapliyal

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