Freedom of speech does not extend to defamation; defendants must remove false content to protect rights.

1. I.A. 10541/2023 (Exemption)
Subject to the plaintiff filing the clear, original and legible / typed copies of any dim documents on which the plaintiff may seek to place reliance, within four weeks from today, exemption is granted for the present.
The application is disposed of.
CS(COMM) 360/2023
The instant plaint has been filed on behalf of the plaintiff seeking the following reliefs: -
'(i) A decree and an order of permanent injunction restraining the Defendant No. 1 and all others acting for and on his behalf from making, posting, publishing, uploading, distributing and / or re - publishing any false, defamatory and libellous content against the Plaintiff or his business enterprise LULU Group on any platform whether online or offline which results in the violation of the Plaintiff's right to privacy and personality rights and right to life and which can bring disrepute and tarnish the to the Plaintiff's goodwill and reputation in India and across the globe; and
(ii) An order directing the Defendant No.1 and all others acting for and on his behalf from to take down all false and defamatory content posted by them regarding the Plaintiff from all platforms, whether online or offline and a further order directing the Defendant No.2 to immediately effectuate all orders that may be passed by this Hon'ble Court; and
(iii) A decree and an order granting damages to the tune of Rs.10,00,00,000 in favour of the Plaintiff and against the Defendant No.1 with an interest at the rate of 18% per annum from the date of filing of the suit till realisation of the decree awarded; and
(iv) A decree and an order directing the Defendant No.1 to make and publish a full - page retraction and an apology to the Plaintiff in the newspaper THE TIMES OF INDIA for the false and defamatory campaign made by the Defendant No.1; and
(v) An order directing the Defendant No.1 to disclose and render accounts of all sums earned by him through the various false and defamatory content as referred to in the plaint; and
(vi) An order granting exemplary and punitive damages and costs in favour of the Plaintiff and against the Defendant No.1; and
(vii) An order directing the Defendant No.2 to take down and permanently disable the YouTube channel of the Defendant No.1; and
(viii) An order directing Defendant No.2, YouTube, to permanently disable access to all infringing content that is uploaded by Defendant No.1, as highlighted in paragraphs 13, 14, 16, 17, 21 and 23 of the plaint, and / or any other videos identical to, or similar in content, and / or any other videos and / or content in any format, including but not limited to use of pictures, names, images, likeness that violate the rights of the Plaintiff, as specified in the plaint in line with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021; and
(ix) An order directing Defendant No.3, MeitY to ensure that access is permanently disabled to all infringing content that is uploaded by the Defendant No.1 paragraphs 13, 14, 16, 17, 21 and 23 of the plaint, and / or or any other videos which are identical to, or similar in content, and / or any other videos and / or content in any format, including but not limited to use of pictures, names images, likeness that violate the rights of the Plaintiff, as specified in the plaint; and
(x) Any other Order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.'

2. Learned senior counsels for the plaintiff submitted that the plaintiff is a non - resident Indian and the Chairman and Managing Director of the LuLu Group International. The Plaintiff is currently residing at Villa No.16, Plot No.190, Sector ' W52, Al Mushrif Area, Abu Dhabi,