Delhi High Court Orders Media Houses, Social Media Platforms To Take Down 'Defamatory Morphed Images' Of Bihar BJP MLA

The Delhi High Court has recently directed various media houses, social media platforms and search engines to take down allegedly defamatory and morphed images of a woman BJP MLA from Bihar. 

Passing an interlocutory order in the MLA's suit, Justice Prateek Jalan directed the media houses, social media platforms and an individual, a political associate who she claimed circulated the photos, not to publish the images or other pictures of similar nature.

As per the suit, the images showed the MLA and the political associate in close proximity. The woman claimed that the pictures were morphed.

The court said that the direction will not come in the way of reporting about the factual controversy regarding the impugned images going viral or the proceedings instituted in that regard, provided that there is no imputation as to the genuineness of the pictures or equal prominence is given to the MLA's contention that the images are morphed.

“The order will also not come in the way of publication of any images, if the concerned publisher has verified the veracity of the images and seeks to take the defence of justification in respect of the images in question,” it added.

Justice Jalan further directed Meta to take down a URL pertaining to a publication on its platform, if the same is not taken down within one week.

“The plaintiff has also impleaded unknown defendants, represented by Ashok Kumar [defendant No. 17], who have placed the same images/videos in the public domain or who may do so in future. The aforesaid unknown defendants are also directed take down the images in terms of the aforesaid directions and to desist from uploading the same images or images of the same nature of the plaintiff in future,” the court said.

Senior Advocate Rajshekhar Rao appearing for the MLA sought an ad interim order directing the defendants to take down the images in question and to desist from further similar publication.

Advocate Umesh Burnwal appearing for the individual, who the MLA claimed to be her political associate, submitted that his client was not responsible for publication of any of the images.

The counsel said that there was no objection to the alleged photographs being taken down by the media houses.

Justice Jalan observed that the MLA had made out a prima facie case for an interim order in her favour.

“It is of significance that none of the defendants are taking responsibility for the veracity of those images. The images, in Mr. Rao's submission, intend to defame the plaintiff's character and, at the very least, breach her privacy. I am satisfied that the plaintiff would suffer irreparable loss and injury, if no interlocutory relief is granted in such circumstances,” the court said.

Counsel for Plaintiff: Mr. Rajshekhar Rao, Senior Advocate with Ms. Vrinda Bhandari, Ms. Vishakha Gupta & Ms. Anandita Rana, Advocates

Counsel for Defendants: Mr. Ashish Verma, Mr. Rajat Bhatia & Mr. Kartikay, Advocates for D-1; Mr. Arijit Mazumdar, Mr. Shambo Nandy & Ms. Anushka Dey, Advocates for D-2; Mr. Vivek Singh, Mr. P.R. Rajhans & Mr. Abhishek, Advocates for D- 4; Mr. Mritunjay Kr. Singh, Mr. Saikat Khatua, Mr. Sahil Chaitanya, Ms. Shrawani Shagun & Mr. Kunal Yadav, Advocates for D-7; Mr. Umesh Burnwal & Ms. Parul Singh, Advocates for D-11; Ms. Nisha Bhambhani, Mr. Rajat Arora, Ms. Mariya Shahab & Mr. Nibin Louis, Advocates for D-12; Ms. Mamta Jha, Mr. Rohan Ahuja, Ms. Shruttima Ehresa & Ms. Diya Viswanath, Advocates for D-13 & D-14; Mr. Tejas Karia, Mr. Varun Pathak, Ms. Amee Rana, Mr. Tejpal Singh Rathore & Ms. Prasidhi Agrawal, Advocates for D-15; Ms. Shloka Narayanan & Mr. Abhishek Kumar, Advocates for D-16

Title: RV v. NAVBHARAT TIMES & ORS.

Citation: 2024 LiveLaw (Del) 198

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