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Gujarat court orders removal of ‘defamatory’ social media content on RS MP  Nathwani  

Court notes Nathwani's submission that none of the defendants is an accredited journalist, grants ad-interim ex-parte injunction

Parimal-NathwaniAn Ahmedabad court ordered seven social media news operators to remove allegedly defamatory content against Rajya Sabha MP Parimal Nathwani. (File)

A court in Ahmedabad Friday granted ad-interim ex-parte injunction in the defamation case filed by Rajya Sabha MP and Director of Corporate Affairs at Reliance Industries Limited Parimal Nathwani, directing seven respondents — individuals operating news channels on social media — to “remove defamatory material” referring to Nathwani by Sunday.

Considering the defamation plea filed by Nathwani, the third Additional Senior Civil Judge of Ahmedabad (Rural) court, in its order on Friday, states, “An ad-interim ex-parte injunction in defamation matters is an extraordinary remedy, to be invoked only where the allegations are prima facie false, malicious, and likely to cause irreparable injury to the person’s reputation, supported by strong prima-facie evidence… the plaintiff has established a prima-facie case, demonstrated that the balance of convenience lies in his favour, and shown that he would suffer irreparable injury absent immediate intervention.”

Nathwani has filed a Rs 100-crore defamation case against seven individuals operating social media channels, online platforms, and digital communication mediums, who “have uploaded, circulated and broadcasted several videos, posts, articles and commentaries containing defamatory allegations, against him.”

The court order notes Nathwani’s submission that none of the defendants is an accredited journalist or (belong to) recognized media organisation, “nor are they registered with the Press Information Bureau or any statutory or self-regulatory media body.”

The court order states that prior to arriving at a final decision in the matter, Nathwani’s “social standing” as an elected Member of Parliament could be tarnished due to the content.

The court said, “It is material to note that the plaintiff has been elected as a Member of Parliament (Rajya Sabha) for three consecutive terms and enjoys substantial public credibility and social standing. Defamatory or adverse content disseminated against such a person on social media platforms is likely to tarnish his reputation, erode his goodwill, and significantly impair his public image. In considering this application, this Court must also keep in view that malicious publications intended to damage the plaintiff’s reputation may cause irreversible harm, as reputation, once lost, cannot be restored.”

The order further states, “The plaintiff would suffer greater hardship from continued circulation of such content than the defendants would from delay. Therefore, having regard to the nature of the allegations and the potential for rapid and viral dissemination on social media, the grant of an ad-interim injunction is warranted.”

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The court stated that a  strong prima facie case for grant of urgent ad-interim relief had been made out in view of the “virality, reach and speed of dissemination of digital content. It is argued that the balance of convenience lies overwhelmingly in his favour, as the harm to reputation cannot be compensated monetarily, and permitting further circulation of such false and defamatory material would result in serious and irreparable injury to him”.

The court granted liberty to Nathwani to approach the “concerned intermediary in accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 for appropriate takedown action”– notified to increase accountability for social media platforms and regulate digital content through compliance officers who remove unlawful content under the grievance system. The intermediaries are the social media platforms on which the content is uploaded.

Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues. Expertise: Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including: Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground. Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure. Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case). Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions. Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read More

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