Bombay HC orders removal of video targeting SII, Adar Poonawalla issues notice to accused: ‘Willful disobedience’ | Today’s news
The Bombay High Court on Wednesday asked social media platform X to remove a defamatory video linked to pharmaceutical company Serum Institute of India and its CEO Adar Poonawalla. Posts call them ‘mass murderers’ after several deaths due to alleged adverse effect of Covid19 vaccines
The video was uploaded by influencer Yohan Tengra
Gauri Godse Court observed that the video violated an earlier court order issued in 2009 ₹100 crore defamation suit filed by serum institute and Poonawalla company. And the court also issued a notice against Tengra and three others “for willfully disobeying a court order.”
Tengra and others were restricted by the June 5, 2023 order from posting or distributing defamatory videos and content. That same night, Tengra uploaded a new video. On June 9, 2023, Plaintiffs sent Google and X a takedown notice. Google complied, but X refused, saying that the HC notice had not been sent to her.
Here’s how the feud started
The controversy began when Tengra and his associates, his organization Anarchy for Freedom India, Ambar Koiri and online news portal TV 10 LIVE allegedly released defamatory videos branding Serum and its CEO as mass murderers.
The Serum Institute subsequently went to court through a defamation action and in June 2023 the High Court banned the defendants from distributing the defamatory content.
However, that same evening, Tengra uploaded a fresh video in which she expressly refused to comply with the court’s instructions. Serum went to court citing non-compliance.
On September 29, Justice Godse refused to issue general instructions to intermediaries to censor future uploads or suspend user accounts.
The court clarified that Section 79 of the Information Technology Act does not make intermediaries “super-censors” with the power to independently determine what content is illegal.
The judge ruled that “actual knowledge” under the IT rules only arises when a court of competent jurisdiction issues an order identifying specific material and determines that the content is unlawful.
As a result, the court issued a preliminary injunction ordering X Corp to remove the objectionable video. He stated that it was necessary to restore the status quo and force the abolition of illegal acts.
Bench reprimands Tengra, counsel: ‘Stubborn, derogatory remarks against other parties, judges’
The bench also strongly reprimanded Tengra and his counsel for making repeated allegations against the judges.
“It is unfortunate that sometimes parties and their advocates, instead of following the law, make bare, baseless and derogatory remarks against other parties and judges. Such behavior can lead to ignoring the root cause and in a given case can defeat the real cause. Such behavior must therefore be condemned,” the judge noted.
The matter will be discussed further on October 27.
