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SANJEEV NARULA
T. V. Today Network Limited – Appellant
Versus
Cognate – Respondent
JUDGMENT
Sanjeev Narula, J. - I.A. 6412/2021 (u/O XXXIX Rules 1 and 2 r/w Section 151 of the Code of Civil Procedure Code, 1908 for grant of ex-parte ad-interim injunction)
1. The Plaintiff - T.V. Today Network Limited, part of the India Today Group of Companies by way of the present application seeks interim relief, in a suit for permanent and mandatory injunctions and damages against Defendant Nos. 1 and 2 on account of a defamatory tweet(A post made on the Twitter online message service (Merriam-Webster.com)) in the form of an infographic (A visual representation of information or data (Lexico.com)) posted on the micro-blogging platform - Twitter (Defendant No. 3), which has also been shared on the social media platforms - Instagram (Defendant No. 4) and Facebook (Defendant No. 5).
2. The India Today Group of Companies has widespread commercial interests in both print and electronic media and is engaged in diverse business activities ranging from printing and publishing of magazines, journals, periodicals, to running of news channels, infotainment programs, organizing conferences, seminars, music shows, and running F.M. radio channels. The Plaintiff operates a Twitter handle @Indi
The right to freedom of speech and expression is protected, but it does not entitle anyone to resort to speech that is defamatory. In a defamation suit, the Defendant has the burden of proving the tr....
The court ruled that the right to freedom of speech takes precedence over defamation claims unless a strong prima facie case is established, underscoring the necessity to balance fundamental rights.
The judgment established the balance between freedom of speech and expression and the right to reputation, and granted interim relief to protect the reputation of the plaintiffs.
The judgment establishes that defamatory statements can be restrained by injunction if they threaten irreparable harm to a person's reputation, balancing free speech with the right to reputation.
Defamation plaint rejected under Order VII Rule 11 CPC: social media posts in casual conversational groups read impressionistically in context; no cause of action absent identifiability, substantial ....
The court found the plaintiff established a prima facie case of copyright infringement, while defendants claimed fair use and truth defenses for defamation, necessitating a trial to assess merits.
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