Delhi High Court Passes John Doe Order Directing Removal Of Articles, Posts About Criminal Case Against Acquitted Businessman
Passing a john doe order, the Delhi High Court has recently ordered removal of news articles and social media posts against a businessman on X, formerly Twitter, regarding a criminal case registered against him in 2018 after his honourable acquittal the next year. “This Court is prima facie of the view right to freedom of expression of the press in the present case must give way to the right...
Passing a john doe order, the Delhi High Court has recently ordered removal of news articles and social media posts against a businessman on X, formerly Twitter, regarding a criminal case registered against him in 2018 after his honourable acquittal the next year.
“This Court is prima facie of the view right to freedom of expression of the press in the present case must give way to the right to privacy of the plaintiff especially when he has been exonerated of all the allegations leading to his honourable acquittal,” Justice Vikas Mahajan said.
Invoking right to be forgotten in his favour, the court observed that apart from the existence of old news articles or posts on the internet, the businessman's reputation has been injured on account of updation of such posts which has brought his accusation under public glare again.
“Accordingly, it would be appropriate to grant ad-interim injunction in favour of the plaintiff and against the defendant nos. 1 to 4 as well as unknown persons (John Doe) who have made per se defamatory statements against the plaintiff on 'X',” the court said.
Justice Mahajan restrained media houses India Today Group, INDIADOTCOM Digital Pvt. Ltd., Mid day info media Ltd. and The Indian express, from posting or updating any posts on their websites in respect of the alleged criminal case from which the businesses has been acquitted in the year 2019.
“The defendant nos.1 to 4 (media houses) are also directed to remove / delete the impugned posts from their websites. The aforesaid directions shall be complied with, within a period of 15 days,” the court said.
It added that if the posts made by unknown persons are not deleted within 48 hours after the businessman having contacted them, X shall delete the same within 48 hours from receiving his request.
The court passed the order in the defamation suit filed by the businessman against the four media houses, unknown persons and X. It was his case that though other media outlets had deleted the news articles against him in relation to the criminal case, the four defendant media entities failed to do so.
He contended while India Today Group, INDIADOTCOM Digital Pvt. Ltd. and The Indian express updated their old articles mentioning about his acquittal, Mid Day did not do so.
Apart from the articles published by news entities, the businessman was aggrieved by posts of some unknown persons castigating him and calling for awarding punishment to him notwithstanding his acquittal.
It was his case that the allegedly disparaging and defamatory contents of the posts caused serious damage and injury to his reputation and image n the corporate world as well as amongst his relatives, friends and family members.
The court issued summons in the suit and issued notice on the application seeking ad interim injunction in the matter.
The matter will now be heard on October 29.
Title: X v. THE INDIA TODAY GROUP & ORS.
Citation: 2024 LiveLaw (Del) 857