Smriti Irani v Congress Leaders: Delhi High Court Modifies Injunction Order On Taking Down Of Content By Social Media Intermediaries

The Delhi High Court on Thursday modified an interim injunction order passed in 2022 in favour of Union Minister Smriti Irani in her defamation case against three Congress leaders, on the aspect of taking down of content by social media intermediaries.

Justice Prateek Jalan modified the order passed by a coordinate bench on July 29, 2022, after applications were moved by X (formerly Twitter), Youtube and Meta seeking clarification or modification of the directions on them to take down impugned publications or URLs against Irani and her daughter.

The intermediaries sought modification of the following direction: “…the defendant Nos. 4 to 6 (intermediaries) are also directed to remove the allegations, videos, posts, tweets, re-tweets, captions, taglines along with the morphed pictures of the plaintiff and her daughter along with the underlined material with such defamatory content or anything similar thereto including recirculation on their respective platforms.”

The counsel appearing for the intermediaries submitted that the difficulty arising in the matter arises from a possible reading of the order which obliges them to remove the content from their platforms, including removal of “anything similar thereto.”

It was their case that the direction, in which they were seeking modification, would result in constant monitoring of the content by them.

Senior Advocate Rajiv Nayar appearing for Irani submitted that the injunction has already been substantially complied with and that most of the impugned URLs have already been taken down.

After hearing the parties, Justice Jalan modified the order and clarified the procedure to be adopted by the intermediaries in future for taking down the content in terms of the injunction order.

The court clarified that if Irani considers any content on X, Meta and YouTube to be violative of the injunction order, her counsel will address the communication to the person or entity who has uploaded the same, requesting them to take down the said content.

It added that if Irani's request is not complied with within three days after receipt, the Union Minister may approach the social media intermediaries, as the case may be.

The court further said that if the intermediaries are of the view that the content in question is not covered within the injunction order, they will inform Irani within three days thereafter.

In such eventuality, Irani will be free to move an application before the court, it added.

Justice Jalan also clarified that if the concerned intermediary accepts that the content published on its platform is violative of the injunction order, the content will be taken down within three days after receipt.

During the hearing, the counsel for the intermediaries said that X, Meta and YouTube, being intermediaries under the Information Technology Act, do not want to be put in a position where they have to adjudicate on taking down of URLs.

On this, the court said: “I am not asking you to adjudicate. You have to see if something comes within the injunction order or not. If it comes within the injunction, you'll take it down. If it does not come within it, then you refuse.”

The court also said that the intermediaries will have to do some application of mind and that the “touch me not attitude” is overstretched.

“The intermediaries will have to do application of mind. You're running a business, you've to apply your mind….,” the court remarked.

Irani had filed the suit against Congress leaders Jairam Ramesh, Pawan Khera and Netta D'Souza seeking damages of Rs. 2 crores for making allegations against her and her daughter regarding the restaurant named Silly Souls Cafe and Bar, located in Goa.

The subject matter of the suit pertains to various allegations made by Congress leaders in a press conference and other series of allegations against Irani and her daughter regarding a statutory license in respect of food and beverages operations at a restaurant named 5 Souls Cafe and Bar, located in Goa.

Therefore, the suit has been filed seeking mandatory and permanent injunction against the Congress leaders, to take down and delete various false and defamatory allegations against Irani and also from levelling false allegations against her.

The suit sought an ex-parte interim temporary injunction directing social media platforms, Twitter, YouTube and Meta, to take down or remove the allegations against Irani, the video of the Press Conference and the content linked to the same.

It also sought directions on social media platforms to take down or remove the videos, posts, tweets and re-tweets along with morphed pictures of Irani and her daughter.

Case Title: Smriti Irani v. Pawan Khera & Ors.

Citation: 2024 LiveLaw (Del) 234