On Tuesday, the Delhi High Court issued an interim injunction directing several YouTube channels and X to promptly remove any defamatory content until Advocate Gaurav Bhatia's defamation case concludes. The court emphasized that this measure is necessary to maintain the balance of convenience, asserting that limiting the spread of defamatory material does not impinge upon freedom of speech rights. Conversely, permitting its continued dissemination could inflict irreparable harm.

Justice Neena Bansal Krishna underscored the importance of considering the balance between the fundamental right to free speech and the right to reputation and privacy in defamation suits against media platforms or journalists. She highlighted the constitutional obligation to safeguard journalistic expression, emphasizing the need for courts to exercise caution when granting interim injunctions in such cases.

Previously, the court served notices to multiple parties, including YouTube channels such as Article 19 India (administered by journalist Naveen Kumar), The News Launcher, BBI News, and comedian Rajeev Nigam. Furthermore, several Twitter accounts, including those belonging to Sandeep Singh, Vijay Yadav, NETAFLIX, Sunita Jadhav, a parody account of actor Pankaj Tripathi, Dawood Nadaf, Drkhatra, and Virus Baba INDIA Wala, were also included in the notice.

As the plaintiff, represented by Senior Advocate Sandeep Sethi, Gaurav Bhatia underscored his distinguished standing as a Senior Advocate, a title bestowed upon him by the Supreme Court of India in 2019.

This recognition signifies his substantial expertise and extensive experience in the legal domain. Additionally, Bhatia's prior role as the Honorary Secretary of the Supreme Court Bar Association was highlighted, demonstrating his unwavering commitment to the legal profession and his active involvement in its most prestigious circles.

Senior Advocate Sandeep Sethi further emphasized Gaurav Bhatia's active engagement in politics, noting his prominent position as the National Spokesperson of the Bhartiya Janta Party (BJP), acknowledged as the world's largest political party. Sethi underscored Bhatia's pivotal role as a spokesperson, responsible for effectively conveying the party's perspectives and policies to the public, highlighting his significant contribution to political discourse.

Senior Advocate Sandeep Sethi drew attention to the substantial viewership and engagement with defamatory videos across various social media platforms, posing a significant threat to Gaurav Bhatia's reputation, livelihood, and overall well-being. Sethi emphasized that the extensive dissemination of such content on platforms like YouTube exacerbates these concerns, amplifying the potential damage to Bhatia's personal and professional integrity.

The incident prompting the suit occurred during a lawyers' strike, wherein Gaurav Bhatia, clad in judicial attire, attended a Court session in Gautambudh Nagar. Despite his willingness to adjourn the matter upon discovering the strike, Bhatia was subjected to physical assault by a local lawyer, resulting in the confiscation of his Advocate’s Band. This incident garnered widespread attention on social media platforms and news channels, leading to the proliferation of defamatory content targeting Bhatia.

The court recognized that Gaurav Bhatia, occupying a distinguished role as a Senior Advocate and serving as a spokesperson for a prominent political entity, is subject to heightened levels of criticism as a public figure. However, the court emphasized that the principles of free speech and expression should not be used as a pretext to compromise individual dignity and honor.

The bench observed that Gaurav Bhatia, while conducting himself professionally, was subjected to assault and had his Advocate’s band confiscated while in court, an action condemned by the Apex Court. While acknowledging the press's responsibility to accurately report the incident, the court underscored that the dissemination of deepfake videos and false claims harmed Bhatia’s reputation and posed a persistent threat.

Advocates for Plaintiff: Senior Advocate Sandeep Sethi, Advocates Utkarsh Jaiswal, Vikas Tiwari, Raghav Awasthi and Mukesh Sharma.
Advocates for the defendant: Hemraj Singh, Mehood Pracha, Sanawar, Jatin Bhatt, Ruman Ali, Askim Naeem, Muzakkir Zama, Aditya Gupta, Aishwarya Kan and Sauhard Alung.

Case Title: Gaurav Bhatia v Naveen Kumar & Ors.