Back
High Court of Delhi
MANMOHAN SINGH
Vyakti Vikas Kendra, India Public Charitable Trust Thr Trustee Mahesh Gupta & Others
Versus
Jitender Bagga & Anoter
CS(OS) NO.1340 OF 2012
Decided on : 09-05-2012
Defamation - Internet Defamation - Information Technology Act, 2000 - Section 79, Section 79(3)(b), Information Technology (Intermediaries Guidelines) Rules 2011 - Rule 3(3), Rule 3(4)
Fact of the Case:
The plaintiffs filed a suit against the defendants for damages, injunction, and defamation due to defamatory materials posted on an internet website. The plaintiffs sought an interim order to remove the defamatory content and restrain the defendant from sending any related material over the internet.
Finding of the Court:
The court found that the plaintiffs had made out a strong prima facie case for an interim order. It held that the balance of convenience favored the plaintiffs and against the defendants, and thus directed the removal of defamatory content and restrained the defendant from sending related material over the internet.
Issues: The main issue was whether the plaintiffs were entitled to an interim order for the removal of defamatory content and restraining the defendant from sending related material over the internet.
Ratio Decidendi: The court relied on the Information Technology Act, 2000, particularly Section 79 and Section 79(3)(b), along with the Information Technology (Intermediaries Guidelines) Rules 2011, specifically Rule 3(3) and Rule 3(4), to support its decision to grant the interim order.
Final Decision: The court directed the defendant to remove all defamatory content about the plaintiffs from the internet and restrained the defendant from sending any related material over the internet. It also ordered compliance with Order XXXIX, Rule 3 CPC within three days.
MANMOHAN SINGH, J.
I.A. No.8878/2012 (u/S. 148, 149 and 151 CPC)
1. Plaintiff has deposited the amount in order to get the court fee. Challan has been filed. Let the court fee be filed within one week. The application is disposed of. I.A. No.8876/2012 2. Original documents/legible/fair typed copies of dim documents be filed within eight weeks from today. The application is disposed of. CS(OS) 1340/2012 & I.A. No.8877/2012 (u/O. XXXIX, R. 1 & 2 CPC)
3. Let the plaint be registered as a suit.
4. Issue summons in the suit and notice in the application to the defendants, returnable on 30.05.2012. Dasti as well.
5. The four plaintiffs, namely, Vyakti Vikas Kendra, India Public Charitable Trust, Mr Gautam Vig, Mrs. Bhanumati Narsimhan and Mrs. Sharmila Murarka, have filed present suit against the defendants for damages to tune of Rs.5,09,00,000/-, permanent and mandatory injunction, mainly on the ground that they are aggrieved, hurt and immensely concerned on account of certain highly defamatory materials posted on an internet website by the name http://www.blogger.com/ by one Mr Jitender Bagga, the defendant No.1 herein. The said website is owned by Google, the defendant No.2. It is a Blog Publishing Service which allows people to create and publish a “Blog”.
6. According to the plaintiff, the defendant No.1 has been indiscriminately sending e-mails and has published a large number of blogs on the website http://www.blogger.com/, which according to them is highly vulgar, disgusting and abusive references towards His Holiness Sri Sri Ravi Shankar, owner of Art of Living Foundation, and towards various other persons associated with the Art of Living.
7. It is stated in the plaint that the plaintiff No. 1, Vyakti Vikas Kendra, India Public Charitable Trust, is a registered Public Charitable Trust constituted to implement and promote the spiritual, educational, social and developmental activities for The Art of Living in India. The Art of Living, founded in 1981, is one of the world?s largest volunteer based, humanitarian and educational organizations inspired by His Holiness Sri Sri Ravi Shankar?s vision of creating a stress-free, violence-free society. The plaintiff No. 2, Mr. Gautam Vig is a devout follower of His Holiness Sri Sri Ravi Shankar. The plaintiff No. 3, Mrs. Bhanumati Narsimhan is His Holiness Sri Sri Ravi Shankar?s sister and an Art of Living teacher. The plaintiff No. 3 is personally a victim of the defendant No. 1?s defamatory acts. The plaintiff No. 4, Mrs. Sharmila Murarka is an Art of Living Teacher. Plaintiff No. 4 is also personally a victim of defendant No. 1?s defamatory acts. The defendant No. 1 has created and published various materials on the Internet, which are highly defamatory to the plaintiffs. In para 10, there is a table containing defamatory materials to the plaintiffs, the Art of Living Foundation, its spiritual head Sri Sri Ravi Shankar and his family members. The list of Internet URL is as under:
8. It is contended by the plaintiffs that in case the interim order is not passed against the defendants, the plaintiffs will suffer irreparable loss and injury. They will also suffer immense loss of reputation, mental trauma, harassment and humiliation. 9. It is stated in the plaint that notice was given to the defendant No.1, who failed to give any reply.
10. The plaintiffs have filed the policy of defendant No.2 for removal of defamatory content from its website http://www.blogger.com/. The relevant extract thereof reads as under : “After careful review, Blogger may remove content or place a content warning page before viewing content deemed offensive, harmful, or dangerous, such as :
* Hate against a protected group
* Adult or pornographic images
* Promotion of dangerous and illegal activity
* Content facilitating phishing or account hijacking
* Impersonated user identity
Additionally, we are aware that there may be content on Blogger that is personal in nature or feels invasive. Pl
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
