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2020 Supreme(Del) 577

RAJIV SAHAI ENDLAW
Sasikala Pushpa – Appellant
Versus
Facebook India – Respondent


Advocates Appeared:
Sushil Bajaj, Advocate, Bhavook Chauhan, Advocate, Aasifa Sheikh, Advocate, Praavita Kaushik, Advocate, Richa Srivastava, Advocate, Shijo George, Advocate, Dhruv Bhatnagar, Advocate, Nayantara Narayan, Advocate, Arun Kathpalia, Advocate, Neel Mason, Advocate, Ridhima Pabbi, Advocate, Ruchir Mishra, Advocate, M.K. Tiwari, Advocate, Abhishek Rana, Advocate

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The plaintiff, a sitting Member of Parliament, filed a suit against social media platforms and government agencies seeking removal of allegedly defamatory material and injunctions to prevent further dissemination. The suit was initiated due to circulation of photographs and videos purportedly showing the plaintiff in a private setting with a man, which the plaintiff claimed were morphed, forged, or fabricated (!) (!) .

  2. The court observed that the plaintiff failed to substantiate her claim that the photographs were morphed or fabricated, citing vagueness in pleadings, lack of expert evidence, and absence of necessary parties involved in the alleged act of morphing. The court found that the plea of forgery or morphing was not sufficiently pleaded or proved, and thus, the issue was not fit to be put to trial (!) (!) (!) (!) .

  3. The court also noted that even if the photographs were genuine, the plaintiff's claim for their removal on the grounds of defamation was weak, as the photographs did not per se constitute defamatory content. The court emphasized that the photographs did not reveal obscene or scandalous material and that the context did not demonstrate a violation of privacy or defamation sufficient to warrant removal or blocking (!) (!) .

  4. The court highlighted that the suit was filed in Delhi, despite the plaintiff's primary reputation being in Tamil Nadu, and suggested that this might have been an attempt to avoid local publicity. It also observed that the photographs in question did not involve private or confidential information and that the plaintiff, as a public figure and politician, had a reduced expectation of privacy regarding her public and political activities (!) (!) (!) .

  5. The court stressed the importance of balancing the right to privacy with the public’s right to know, especially concerning public figures. It recognized that the public interest in a politician’s conduct, including meetings with individuals from rival political parties, can outweigh private interests, particularly when such information pertains to their official role and public responsibilities (!) (!) (!) .

  6. The court concluded that the plaintiff's claims did not establish a legal basis for removing the photographs or blocking access to them. The suit was dismissed with costs, as the plaintiff failed to demonstrate a cause of action that warrants interference with the content on social media platforms (!) .

  7. Overall, the case underscores the necessity of clear pleadings, proper parties, and concrete evidence when seeking relief related to online content, especially in matters involving allegations of defamation, privacy violation, or morphing of images. It also emphasizes that courts will weigh public interest against individual privacy rights in such cases.


JUDGMENT

Rajiv Sahai Endlaw, J. - This suit, though instituted on 29th September, 2016, as existing now vide amended plaint dated 30th October, 2018, has been instituted against (i) Facebook Inc., (ii) Google LLC, (iii) YouTube LLC, (iv) Union of India, Ministry of Information and Broadcasting, and (v) Union of India, Department of Telecommunications, for (a) permanent injunction restraining not only the defendants but other persons from publishing, broadcasting, distributing or disseminating in any form whatsoever any defamatory material "including the purported photographs/video/audio messages referred to in the plaint, relating to or arising from, in connection with any alleged acts or behavior relatable to the plaintiff; and, (b) mandatory injunction directing the defendants and all others to remove/delete the false, concocted and fabricated photographs/videos/audio messages or any other material aforesaid.

    2. It is the case of the plaintiff in the amended plaint aforesaid, (i) that the plaintiff is a sitting Member of Rajya Sabha, having been nominated in the year 2014 by All India Anna Dravida Munnetra Kazhagam (AIADMK) Party; (ii) that the plaintiff in the year 2011, after wi

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