J U D G M E N T

This suit has been filed for the following reliefs :

a) Declaring that the contents published and circulated by the first defendant in the above YouTube media channel run and administered by the second defendant morefully described in the Schedule hereunder and or any other defamatory videos published posted and circulated by the first defendant are defamatory in nature against the plaintiff;

b) For mandatory injunction directing the first defendant to pay a sum of Rs.1,25,00,000/- with further interest at the rate of 36% annum as compensation for the damage, loss and hardships caused by the defamatory libelous and slanderous videos published and circulated by the first defendant in the above YouTuble channel run and administered by the second defendant from the date of initiation of the suit till the date of realisation;

c) Mandatory injunction directing the defendants to take down, remove or delete the above 10 videos and all or any other defamatory videos existing beyond the knowledge of the plaintiff which were published posted and circulated, by the first defendant, his associates, men, agents, representatives, persons acting through or under him in any manner in the above YouTube media channel run and administered by the second defendant and also further restrain from uploading, circulating or publishing any other videos, messages, pictures or graphical representation of any nature that are defamatory, derogatory or in the nature of a threat to repute the plaintiff and for costs.

2. [i] The case of the plaintiff is that the plaintiff is a transgender.

The plaintiff has her B.A. Degree in Journalism from Monash University of Australia and a degree in MA Broadcasting specialising in Developmental Economics from the City University of London. The plaintiff has become one among the may influential spear-bearer to represent may of the social ills faced by the transgender community and the downtrodden women at the top most political fraternity. The plaintiff was appointed as the National General Secretary of All India Mahila Congress and invited by various politicians and celebrities like Mr.Amith Shah, BJP party President, late Ms.J.Jayalalithi [AAIDMK party President] to discuss on the various issue of women empowerment and on various hurdles and problems faced by the transgender community across India. The plaintiff is not only a politician but also a social activist, journalist, regional television anchor. The plaintiff is an editor in the English daily Deccan Chronicles and in Provogue magazine. The plaintiff was invited to address the European Parliament in the year 2017 and again invited as a keynote speaker in the prestigious Princeton University, New Jersey and presently, the plaintiff is appointed the National Spokesperson for AIDMK.

[ii] The first defendant is an offhand YouTuber, who posts or publishes many YouTube videos by interviewing or producing unsolicited and defamatory videos on famous without any of their consent or permission in the YouTuble platform run and administered by the second defendant. The first defendant has been making his earning and livelihood by posting and publishing defamatory articles and commentaries with false, suppressed and manipulative details on famous personalities in the society. In the year 2017, while the plaintiff was working as one of the editors in Provogue magazine, the first defendant was introduced to the plaintiff during the course of business by the Managing Director of the Provogue magazine.

The first defendant expressed his desire to do a joint video or program with the plaintiff. As the plaintiff refused to join with the first defendant, the first defendant became angry and thereafter, he was continuously gossiping and circulating bad notions about the plaintiff and was defaming social activities of the plaintiff. The first defendant has uploaded defamatory videos containing malicious and defamatory messages were circulated which are as follows :

“I. Follow