Delhi High Court Restrains Youtube Channel "Bear & Bulls Capitals" From Posting Defamatory Material Against "Booming Bulls Academy"

The Delhi High Court has restrained a YouTube channel "Bear & Bulls Capitals" from posting any defamatory or derogatory material against another channel "Booming Bulls Academy", in any manner on any media platform till November 28th, 2022.

Justice Amit Bansal was dealing with a suit filed by Anish Singh Thakur, the proprietor of "Booming Bulls Academy" which runs an academy that gives training on how to trade in the share market. The plaintiff had a channel on YouTube where the training videos are posted.

It was the case of the plaintiff that the defendant Anubhav Gupta also ran a channel on YouTube in the name "Bear & Bulls Capitals", which was its competitor.

According to the plaintiff, the defendant had been posting defamatory and derogatory commercial videos against it on his YouTube channel which was causing grave damage to the reputation and business of the plaintiff's company. Attention of the Court was drawn to the transcripts of 8 videos posted by the defendant on his YouTube channel.

Accordingly, while the Court issued notice on the suit, it also directed the defendant channel to take down the said 8 videos within a period of two weeks from receiving the summons of the suit.

The Court was of the view that the video transcripts placed on record by the plaintiff were prima facie defamatory and derogatory towards the plaintiff.

"Grave harm and injury shall be caused to the plaintiff unless the defendant is restrained form posting similar defamatory videos against the plaintiff," the Court said.

It added "From the averments made in the plaint and the documents filed therewith, this Court finds that the plaintiff has made out a prima facie case in his favour and in case no ex-parte ad-interim injunction is granted to the plaintiff, he would suffer an irreparable loss. Balance of convenience also lies in favour of the plaintiff and against the defendant."

The matter will now be heard on November 28, 2022.

Case Title: ANISH SINGH THAKUR v. THROUGH ANUBHAV GUPTA

Citation: 2022 LiveLaw (Del) 583

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