Delhi High Court to Direct Removal of Derogatory Social Media Posts on BJP Leader
The Delhi High Court on Thursday said it will order the removal of defamatory memes and videos circulating on social media about BJP leader and Senior Advocate Gaurav Bhatia. The matter arose after a clip from his recent appearance on a News18 show went viral.
Justice Amit Bansal remarked that if the accused parties do not delete the content, the intermediary platforms hosting it will be directed to take it down.
Earlier this month, during the introduction of the show by journalist Amish Devgan, Bhatia was seen wearing a kurta without visible pyjamas, which led to widespread memes and jokes online.
On September 23, Advocate Raghav Awasthi, appearing for Bhatia, clarified that he was wearing shorts and that the cameraman had accidentally captured the lower half. He argued that such posts violate Bhatia’s privacy and urged their removal.
Bhatia himself appeared before the Court and stressed that people cannot be allowed to use derogatory terms like “nanga (nude)” against him. “Reputation is earned over decades,” he told the Court.
When the matter was heard today, Bhatia reiterated that the content went beyond free speech and amounted to defamation. He argued that humour or satire cannot justify such derogatory remarks.
Advocate Mamta Rani Jha, appearing for Google, submitted that directions should first be issued to the offending websites or handles, and only if they fail to comply should intermediaries be asked to step in.
The Court agreed and said that the first set of orders will be issued to the primary offenders before directing intermediaries.
