Obscene, Sexually Suggestive Posts Not Free Speech: Delhi High Court Orders Removal Of Defamatory Posts Against Gaurav Bhatia

The Delhi High Court has directed take down of two allegedly defamatory social media posts made over a video of Senior Advocate and BJP leader Gaurav Bhatia's recent appearance on a TV debate, which went viral on social media.Justice Amit Bansal said that attacking the dignity of a person using obscene and sexually suggestive language under the guise of free speech cannot be permissible under any circumstances. “The impugned posts made by the defendants no.1 and 11 clearly fall in this category and cannot be justified,” the Court said. The two defendants are: Samajwadi Party Media Cell and Sandeep Singh. Justice Bansal however refused to injunct posts made by other defendants, saying that they were satirical, humorous and in the nature of hyperbole. The judge observed that the threshold for defamation in respect of public figures or politically exposed persons should be higher. He said,"No doubt the actions of such individuals are more often under scrutiny and prone to public criticism, however, they also have the benefit of a stage/ media as well as the ability to counter any statement made against him...In my prima facie view, it would only be reasonable to give an opportunity to the defendants to present their case including the defence of 'fair comment' that they might take in support of their posts,” the Court said.Other defendants in the suit were: journalist Abhisar Sharma, Congress leader Ragini Nayak, AAP leader Saurabh Bhardwaj, X handles Mohit Chauhan, Ranting Gola, Manoj Yadav, Manoj Singh Kaka, Manish Tiwari, Roshan Rai, Swanaamdhanya, Rajkumar Bhati, Rofl Gandhi, Bolta Hindustan, Wg dr Anuma Acharya, Surendra Rajput, Srinivas, Newslaundry, News 18, five YouTube videos, X and Google India.The Court was further of the view that since Bhatia voluntarily chose to be a part of a live television debate in such an attire, i.e. in a kurta and casual shorts, which led to telecast of his bare thighs, there was no violation of his privacy. It observed,"There is no invasion of privacy of the plaintiff as he voluntarily chose to be a part of a live television debate from his place of residence in such an attire."However, while proceeding to injunct the posts made by defendants 1 and 11, the Court directed them to take down their posts within 24 hours. In case of failure, the Court said that Bhatia shall intimate X Corp, which has to take down and de-index the posts within 72 hours. “The defendant no.6 is directed to take down and de-index the following URL/ post forthwith in terms of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021,” the Court said.The matter will now be heard on November 19.Case: Gaura Bhatia v. Samajwadi party Media Cell & Ors.Citation: 2025 LiveLaw (Del) 1193Click here to download order

Obscene, Sexually Suggestive Posts Not Free Speech: Delhi High Court Orders Removal Of Defamatory Posts Against Gaurav Bhatia

Nupur Thapliyal

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