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"Objectionable And Abusive Language": Delhi High Court Restrains TRACTOR2TWITTER From Making Defamatory Posts Against AajTak On Social Media

Nupur Thapliyal
9 Jun 2021 6:38 AM GMT
Objectionable And Abusive Language: Delhi High Court Restrains TRACTOR2TWITTER From Making Defamatory Posts Against AajTak On Social Media
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The Delhi High Court has restrained TRACTOR2TWITTER, claiming itself to be an online community of persons interested in Farmers Protests, from making defamatory posts against news channel AajTak on its social media accounts, after forming a prima facie opinion that the alleged posts uploaded by it were defamatory that used objectionable and abusive language. In the interim order passed by...

The Delhi High Court has restrained TRACTOR2TWITTER, claiming itself to be an online community of persons interested in Farmers Protests, from making defamatory posts against news channel AajTak on its social media accounts, after forming a prima facie opinion that the alleged posts uploaded by it were defamatory that used objectionable and abusive language.

In the interim order passed by the single judge bench comprising of Justice Rekha Palli, the Court observed thus:

"Having perused the various tweets which have been published by Defendant Nos.1 to 3 as well as the posts of Defendant No. 1 on its Facebook page, Instagram account and official Telegram channel, I am of the prima facie opinion that they contain wild allegations, are defamatory and use objectionable and abusive language against the plaintiff, its Aaj Tak new channel and its employees. Such a campaign against the Plaintiff, its 'Aaj Tak' news channel and its employees can be extremely damaging to their reputation and also cause personal injury to them."

AajTak had moved the High Court against TRACTOR2TWITTER for its "malicious and defamatory campaign" run against the news channel and its employees across their social media platforms including Twitter, Facebook, Telegram and Instagram.

Advocate Baruah appearing for AajTak submitted before the Court that TRACTOR2TWITTER had on 30th May 2021 released seven posters on its official Telegram Channel containing the channel's logo thereby calling it anti-farmer, venomous, toxic, communal.

It was also submitted that TRACTOR2TWITTER had also maliciously asked their subscribers and followers to use a derogatory hashtag that malignantly uses the 'AajTak' name and share, tweet and re-tweet messages that utilise this hashtag to spread its usage.

Considering the "damaging nature" of the tweets and posts relied upon by the plaintiff channel, the Court observed that there is a prima facie case made out in favour of it.

"The plaintiff, a well-established media company, its 'AajTak' news channel and their employees would suffer irreparable injury to their reputation if no interim protection is granted to them immediately. Consequently, this Court finds it fit to grant an interim injunction in favour of the plaintiff and against the defendants in terms of prayer (a) of the application under Order XXXIX Rules 1 and 2 CPC." The Court ordered.

The Court restrained TRACTOR2TWITTER and its owners from making any defamatory or derogatory posts/tweets or making any adverse remarks or uploading any content against 'AajTak' news channel and its employees either through any of its social media accounts or on any social media platform or any other print/electronic medium.

Moreover, the Court also directed Twitter, Facebook and Telegram to remove or take down the defamatory posts/articles/all content pertaining to the News Channel and block the URLs/web links as relied upon by it.

"Defendant nos.1 to 3, their agents, representatives, associates are directed to forthwith remove the tweets/posts detailed in Paragraph 13 hereinabove or Paragraphs 31, 38, and 41 of the captioned application within three days from today. In case they fail to comply with this direction, the plaintiff shall communicate the factum of this non-compliance to Defendant Nos. 5 and 6, who shall disable/block their accounts within 48 hours of receipt of such communication from the plaintiff." The Court directed further.

With the aforesaid directions, the Court posted the matter for further hearing on July 27.

Title: T V TODAY NETWORK LIMITED v. TRACTOR 2 TWITTER & ORS

Click Here To Read Order 

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