Delhi HC Restrains An Ex-Employee of Air India From Posting Allegations Against The Company On Facebook & Twitter [Read Order]

The Delhi High Court on Friday (09th October) restrained an ex-employee of Air India (Defendant No. 1) from directly or indirectly, publishing and/or commenting or communicating or issuing any video, tweet, article, interview containing or referring to the allegations against Air India (in any manner).The Bench of Justice Mukta Gupta further directed the Defendant No.1 (an ex-employee of Air India) to withdraw the defamatory and unwarranted allegations made against the plaintiff company (Air India) and its management in the posts uploaded within one week of the receipt of this order.The facts of the CaseCase of the plaintiff was that the defendant No.1 was employed by the plaintiff, however, due to various complaints, number of enquires were initiated and finally, his services were terminated in the year 2014.The defendant No.1 was continuously publishing and circulating false and malicious tweets and posts against the plaintiff Company (Air India) and its officers in the social media links of the defendant No.2 (Twitter) and defendant No.3 (Facebook).Allegedly, the tweets and posts put up inter alia insinuate that the plaintiff company operates in a fraudulent manner; management of the company is fraudulent and incompetent; the plaintiff company putting at risk the lives of its crew and passengers and not adhering to the rules and regulations in relation to social distancing and other safety measures; the acts of the plaintiff company are being illegally covered up in a fraudulent manner and promotions and appointments are done in an illegal manner; lack of proper management in plaintiff company and complacency as well as rampant corruption etc.Court's AnalysisA long list of tweets and posts of the defendant No.1 was placed on record before the Court, which, in the opinion of the Court, showed that the defendant No.1 had prima facie made libellous insinuation not only against the Plaintiff Company but against the people associated with it as well.The Court further observed,"It prima facie appears that the tweets and posts, put up by the defendant No. 1 against the plaintiff are because of the action of the plaintiff towards the defendant No.1 with regard to the number of complaints and inquires and finally terminating the services in the year 2014."From the averments made in the plaint and the documents filed therewith, the Court was of the view that the plaintiff had made out a prima facie case in its favour and in case no ex-parte ad-interim injunction is granted, the plaintiff would suffer an irreparable loss.The Court further opined that the balance of convenience also lied in favour of the plaintiff and against the defendant No.1.Consequently, the Court ordered,"Till the next date of hearing before this Court, defendant No.1 is restrained from in any manner directly or indirectly, publishing and/or commenting or communicating or issuing any video, tweet, article, interview containing or referring to the allegations as stated."Also, the Court said,"In case the defendant fails to take down the tweets and the posts, which are prima facie defamatory, within one week of the service of this order to defendant No.1, on intimation by the plaintiff to learned counsels for defendant Nos.2 and 3 giving specific URLs as mentioned at pages 1009-1018 of the documents in respect of defendant No.2 and the URLs mentioned at pages 1019 to 1021 of the document in respect of defendant No.3, defendant Nos.2 and 3 will take down the impugned tweets/posts within 72 hours of the receipt of the intimation from the plaintiff". (emphasis supplied)Click Here To Download Order[Read Order]

Delhi HC Restrains An Ex-Employee of Air India From Posting Allegations Against The Company On Facebook & Twitter [Read Order]

Sparsh Upadhyay

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