Madras HC Restrains Youtuber Maridhas From Posting Defamatory Content Against Tamil News Channel News 18 [Read Order]

The single bench of Justice CV Karthikeyan has directed Maridhas to take down five videos, allegedly defamatory to the channel as well as its Senior Editor and Senior Anchor. He has also been restrained from uploading any messages, pictures or graphical representation of any nature that are defamatory, derogatory or in the nature of a threat against the channel.

"If the defendant wants to raise any social issue, he can always raise them but cannot make statements without verification," the bench remarked.

News 18 has filed a defamation suit against the Youtuber, valued at Rs. 1.5 crore. As an interim relief, the channel had sought Mandatory Injunction directing him to remove the defamatory videos and further desist from posting any such content in the future.

The bench noted that the "balance of convenience" lies in favour of the channel, since the defendant had nothing to lose by not putting up further videos.

"He can always take any defence, but till such defences are examined by the Court, it would only be appropriate that no further videos are put up in public view against the interest of the plaintiffs…hardship suffered by the plaintiff if such videos are continued to be uploaded/exhibited would far outweigh any other consideration put forth by the defendant," the bench observed.

The channel had also accused Maridhas of forgery, for using fabricated email in the name of the channel's Editor to spread fake news. The Court was informed that the fake email was created using Proton Mai and was deleted immediately after sending out a fake email.

The bench observed,

"The plaintiff has come forward with a specific allegation that the defendant had created a false E-mail justifying the contents of the videos uploaded by him. This also substantiates the finding that the plaintiffs have come to Court with a prima facie case for grant of interim injunction."

The order of interim injunction shall remain in force till August 12, 2020.

Click Here To Download Order

Read Order