Mumbai: Bombay High Court has directed X Corp to remove a video against
Serum Institute of India Pvt Ltd and its CEO
Adar Poonawalla that was uploaded by a social media influencer Yohan Tengra immediately after its June 5, 2023 order.
Justice Gauri Godse of HC on Tuesday passed the order on SII and Poonawalla’s interim application in the pending defamation suit regarding content posted against the company and its COVID-19 vaccine. She also issued show-cause notices to Tengra, his organisation Anarchy for Freedom India, Ambar Koiri and TV 10 L.I.V.E, an online news portal, as to why action should not be taken for defying HC’s order. The notices are returnable on Oct 27.
The application said Tengra and four defendants were restrained by the June 5, 2023 order from publishing or circulating defamatory videos and content. The same night Tengra uploaded a fresh video. On June 9, 2023, the plaintiffs issued a takedown notice to Google and X. Google complied but X refused, stating HC’s order was not issued against it.
Advocate Karl Tamboly, for SII and Poonawalla, said videos uploaded were held to be unlawful by the June 5, 2023 order.
Hence, videos and content of a like nature are also directed to be removed. He said in the absence of Tengra complying with HC’s direction, X is obligated to remove the objectionable content. Advocate Mayur Khandeparkar, for X, said the plaintiffs must initiate contempt proceedings against the defendants instead of waging a proxy battle with an intermediary.
Justice Godse said it is undisputed that the objectionable content is still available with X. Tengra uploaded the fresh video not only in blatant defiance of HC’s injunction order “but he also states that he will not comply with the directions of the court and that he would not stop calling plaintiff no. 2 (Poonawalla) ‘a mass murderer’.”
The judge noted there were no directions to X to remove the objectionable content and, thus, it cannot be held liable for the objectionable content not removed by the five defendants or for the new content uploaded by Tengra. Citing a Supreme Court judgment, she said even if an intermediary is exempt from liability for third-party information, necessary directions can be issued to remove the unlawful or prohibited content.
Considering the “subsequent circumstance” of Tengra uploading the fresh video, Justice Godse said sufficient grounds are made out to direct X to “remove, delete or disable access” to the fresh video uploaded by Tengra.
