An intermediary is not liable for defamation if it merely indexes information and is unaware of the defamatory content, necessitating specific identification of such content to establish cause of action.

JUDGMENT :

P. DHANABAL, J.

1. This Suit has been filed by the Plaintiffs for the reliefs of (a) permanent injunction restraining the defendants or others their men, agents, servants or any other person or persons claiming through them from publishing/posting any articles in magazines, posters, newspapers, articles in the websites against the plaintiffs and their business entities JG Group of Companies, which would tarnish the goodwill and reputation of the plaintiffs connecting them to the alleged 2G Scam; (b) For a Mandatory Injunction directing the defendants or others to permanently remove the defamatory contents tarnishing the Plaintiffs and their business entities Doulat Jain, Rajesh Jain, Mahesh Jain and JG Group of Companies from their websites in relation to the alleged 2G Scam; (c) For a Mandatory Injunction directing the defendants or others to publish an article stating the allegations mentioned earlier in their website tarnishing the image of Plaintiffs and their business entities JG Group of Companies with respect to the alleged 2G Scam, was found to be false and seek an apology in public domain;and (d) for costs.

2. The brief averments of the Plaint are as follows:-

The Plaintiffs are sons of Late Mr. Sardarmallji Jain, who have joined their family business started by their forefathers under the name and style of M/s. J G Group, a well established business conglomerate that serves a broad mix of private, public and social sector institutions. During the course of their business, due to business rivalry and competitions, attempts were made by vested interest to link their names with “2G Scam” and as a result of which there were raids in the year 2010 from CBI and Enforcement Directorate in their offices and houses, which was blown beyond proportion and hyped by the media both offline in News dailies and online in TV news channels and in the internet, as if the Plaintiffs are involved in this scam and they were linked as ‘Hawala dealers’ etc., the media became so proactive that it started publishing articles as if the allegations against the Plaintiffs are proved. All these news report had a damaging effect on their reputation and business. The Plaintiffs are neither accused in the charge sheet nor were their names mentioned in any portion of the judgment in the complaint filed by Central Bureau of Investigation and Enforcement Directorate against Mr. A. Raja and 18 others. The Plaintiffs are not otherwise involved in any wrong doings in respect of the business transactions or otherwise, wherein they are under investigation, nor is any case pending as against them in respect of the alleged crimes of the above nature. Because of the publications in the Google Platform and other web portals owned by the defendants, the Plaintiffs are losing lot of business and their reputation is being tarnished. The Plaintiffs are facing social stigma in business and family tie-up, because of wrong and misleading publication without any truth in the same. Already the Plaintiffs sent notices to Press Trust of India, Economic Times, Times of India, Sunday Guardian, Tax Guru, Press Reader, News 18, Hindustan Times, Defence Forum India, Tehelka etc., calling upon them to immediately withdraw the said articles from their portal and also tender apology to Plaintiffs mentioning that Mr. Doulat Jain, Mahesh Jain and Rajesh Jain and JG Group of Companies, are not involved in any of the alleged complaints and the same should be given equal importance in their website as those tarnishing articles were publ