After Delhi High Court Flak, Youtuber Mohak Mangal Agrees To Take Down 'Offending Portions' From His Video On ANI

The Delhi High Court on Thursday (May 29) directed YouTuber Mohak Mangal to take down specific portions of his video on ANI, while hearing the news agency's defamation suit alleging that his recent video is disparaging and defamatory towards the agency.Prior to lunch hour, the high court had after watching the video, asked Mangal's counsel senior advocate Chander Lall to take instructions on removing certain offending portions from the video.Post lunch, after hearing the parties, Justice Amit Bansal while dictating the order said:"Mr. Lall submits that defendant 1 (Mangal) shall put the impugned video in private mode and make the necessary amendments in the video so as to remove objectionable portions as indicated in the hearing. The red line version of the video after removing the portions shall be supplied to plaintiff counsel during the course of the day".The court also noted Lall's contention that after objected content is removed, the video may be reposted back on public forum."In the event the grievance of plaintiff survives, plaintiff shall have liberty to move the court," the court added. Thereafter Lall showed the "red line portion" to the court.He said, "page 3 "hafta vasooli" deleted. Then next para "ghatiya tareeka" I am cutting out. Then next page "vasool karke" I am deleting. Then next "kidnap karlete hain hostage banake" deleted. Then next page "tu hai kaun bhai" whole part deleted.Then "hafta vasooli" deleted. "Bihar me gunda raj" deleted. That's all".Meanwhile senior advocate Amit Sibal appearing for ANI said, "Please see page 3. Third last para. He is calling up kidnappers, I won't negotiate with them. What does it mean? That ANI is kidnapper?". To this Lall said he will delete the line where Mangal says "mai ANI ke sath negotiation karne nahi aaya."At this stage Sibal requested deletion of line where Mangal says that people should unsubscribe ANI. To this court said:"He says you are not fair. That's okay. He feels that. These will be really impeding free speech". The court further said, "You (Mangal) will take out "ghatiya", "Boht chant hain" "mai ANI ke sath negotiate krne nahi aaya"... The full sentence will have to go.Then next "wasooli" , next "kidnap karlete hain", and then "hafta vasooli"..."Sibal said at this stage that the phrase "who are you to threaten me" should be removed. This was opposed by Lall who questioned as to how it was defamatory. Sibal thereafter said the phrase on "the whole Bihar business" should also go to which the court said:"Yes that will go. It will go till "sabke saamne aajayegi." Post lunch, senior advocate Amit Sibal appearing for ANI submitted that this way anyone who asks for a license, they will be called am extortionist.At this stage counsel appearing for YouTube submitted, "If the person like defendant here feels aggrieved, there is a process of filing counter notification. It is then sent to claimant and 10 days time is given to claimant to go to court and get an order because YouTube cannot decide if you are right or wrong".The court at this stage addressed Mangal's counsel and said, "If they have not taken counter strike, your channels were not under threat. It is their right to file strike and your right to file defence. Your video... There was no ocassion fo you to come out of all of this. The video seem to be uploaded in the context that there were strikes".Meanwhile advocate Nakul Gandhi appearing for Mangal said that after three strikes the defendant no. 1's channel would be done; and pursuant to this he cannot open a new channel. Then I can't open a new channel.To this court said, "Your act and your video was premature. Because there was no threat to your channel. The onus of them to go to court. There was no ocassion to make the disparaging video. Show me from your regulations that the onus is on the plaintiff".Gandhi however said, "There is an email from YouTube. If I can read one para from that....". Gandhi then read the email saying that the channel may be terminated if there were more strikes.At this stage Sibal said that it is three "uncontested strikes" that leads to deletion of a YouTube channel.Gandhi thereafter passed a chart on YouTube's structure of copyright strikes.However the court said, "There was no threat to you channel no till they moved the court?... YouTube's stand is that if it is uncontested, then it will happen. But you have contested it?". Gandhi said that he had been told that those were still in queue. On the court's query Gandhi explained, "means they have requested it but they have not reached me yet". To this the court said, "So there is no threat. You need to tell your client that he is being hyperactive and calling all this". Gandhi said that his client can remove the portions in question but he cannot be put to task for entire video.When the court said that Mangal can take down the video in question and post a new video, Gandhi said, "No mylords. I can edit the portion and let the video remain. It is possible...

After Delhi High Court Flak, Youtuber Mohak Mangal Agrees To Take Down 'Offending Portions' From His Video On ANI

Nupur Thapliyal

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