LI Network
Published on: 19 August 2023 at 11:25 IST
The Delhi High Court has taken a significant step to address the issue of defamatory content circulating online. The Court, presided over by Justice Jyoti Singh, granted an ex parte ad-interim injunction in favor of an individual referred to as the “Principal” in his legal action against two articles deemed defamatory.
The articles, titled ‘Indian Catholic Church Sex Scandal: Priest exploiting nuns and Hindu women exposed,‘ were published by the websites “Organiser” and “The Commune.”
The Principal, who holds a respected position as the head of a prominent unaided minority school affiliated with the Central Board of Secondary Education (CBSE), sought protection against the damaging allegations made in the aforementioned articles.
The Court’s preliminary assessment found that the articles were prima facie defamatory and had the potential to harm the Principal’s reputation and image.
The Court noted that the articles were published without proper factual verification and in a reckless manner.
The Principal’s legal representation, led by Advocate Sumit Bansal, invoked relevant legal provisions, including Order XXXIX Rules 1 and 2 of the Code of Civil Procedure (CPC) along with Section 151 of CPC, to seek an ex parte injunction against the defendants.
The Principal contended that the articles contained false and explicit claims, accusing him of engaging in sexual misconduct with various individuals associated with the school, as well as financial improprieties. The Principal promptly filed a complaint with the Cyber Cell upon discovering the articles in question.
Highlighting the importance of reputation as a fundamental right under Article 21 of the Constitution of India, the Court emphasized the delicate balance between freedom of speech and the need to protect an individual’s reputation.
While recognizing the significance of freedom of speech as enshrined in Article 19(1)(a) of the Constitution, the Court underscored that this right is subject to restrictions outlined in Article 19(2), which includes defamation.
The Court observed that the continued presence of the defamatory articles in the public domain could lead to lasting harm to the Principal’s reputation. Taking into consideration the balance of convenience and the potential irreparable damage to the Principal’s reputation, the Court issued an ex parte ad-interim injunction. ‘
This injunction orders the removal of the defamatory articles from specified website links belonging to the defendants.
The Court directed the defendants to comply with the injunction as stipulated in Order XXXIX Rule 3 CPC within a week from the date of the order. The Court’s decision, rooted in the principles of safeguarding reputation while respecting the right to freedom of speech, sets a precedent in dealing with such cases involving online defamation.
The case titled “XYZ v. Bharat Prakashan (Delhi) Ltd & Ors” highlights the legal battle against online defamation and the judiciary’s commitment to upholding the balance between individual rights and responsible expression in the digital age.
