Modi, Adani documentary banned from publication till Jan 31, 2027

Kolkata: The Calcutta High Court on Monday, October 26, barred the publication, uploading, and sharing of a documentary on Prime Minister Narendra Modi and industrialist Gautam Adani till January 31 next year.

The injunction followed a plea by Adani Enterprises Limited before the high court’s vacation bench against tech entrepreneur Sabeer Bhatia, who is alleged to have made the video, and others, seeking a ban on its circulation and damages for defamation.

Justice Aryak Dutt restrained the respondents, including the owners and operators of X, YouTube and Instagram, their agents and all acting under their authority, from publishing, republishing, uploading and sharing the video or any clip, excerpt, or materially identical reproduction of it, through any medium or platform.

The court directed that the interim injunction will remain in force till January 31, 2027, or until further orders, whichever is earlier. It said the matter will come up for hearing before the regular bench in the monthly list of January next year.

Justice Dutt directed the respondents to “forthwith remove or cause the removal of the concerned video, and any clip, excerpt or reproduction thereof containing any such defamatory statements, from every account, channel and page owned or controlled by them”.

The court directed social media platforms to remove or disable access to the video at each URL listed in the petition and to also disable the engagements — reposts, quote posts, shares and the like — through which the said video is accessible at those URLs.

YouTube, X asked to save info of users mentioned in plea

YouTube, X and Instagram were also directed by the court to preserve the subscriber information, registration details, IP logs at the time of upload and access logs relating to the accounts and URLs listed in the petition.

They were also directed by the court to disclose the basic subscriber information of the accounts whose holders are not identifiable in the list, in a sealed cover, by an affidavit filed within two weeks of communication of this order.

Order pertains to defamatory statements, not a restraint on fair reporting: HC

“It is made clear that this order does not restrain constructive criticism or fair reporting on the petitioner, the Adani Group or any Government policy, otherwise than by means of the impugned video, its reproductions or the defamatory statements referred to,” the court observed.

The petitioner stated that access to the original upload on YouTube has been disabled within India, apparently on a complaint of the government under provisions of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

It claimed that despite this, the video concerned continues to be re-uploaded, reposted and circulated on other YouTube channels, X accounts and Instagram reels.

Justice Dutt directed the respondents to file their affidavits-in-opposition within four weeks from the date of service. The petitioner was directed to file its affidavit-in-reply within two weeks thereafter.

The petitioner’s counsel stated before the court that the video contains various allegations against the petitioner, maintaining that these statements are false.

The counsel for the Adani Group stated before the court that the right to reputation is an integral part of Article 21 of the Constitution.

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