Delhi HC slams Twitter for defying takedown order in defamation case

The Delhi High Court on Wednesday reprimanded social media platform X Corp (Twitter) for challenging a court order directing it to remove posts by Congress leaders accusing journalist Rajat Sharma of using abusive language against their colleague Ragini Nayak on live television.

The court, led by Acting Chief Justice Manmohan and Justice Tushar Rao Gedela, expressed concern about X Corp's behavior, stating it should function as a neutral platform and comply with court orders. “We are concerned about your role. You are not acting like an intermediary,” the Acting Chief Justice remarked. “This resistance to court orders is a growing trend, not just in India but internationally as well."

Justice Gedela questioned why the platform would oppose the order, particularly when someone's reputation is at stake.
Senior advocate Rajshekhar Rao, representing X Corp, argued that the platform has no personal stake in the matter and contested the way the order was issued. He pointed out that the takedown order issued by a single judge required compliance within seven days, even though the defendants (Congress leaders) were identifiable.

“The responsibility to take down the content lies with the individual posting it," Rao argued. "While I will comply with an ex parte order, I urge for a structured process."

He further emphasized that Sharma's lawsuit was not served on the defendants, with the plaintiff arguing it would become pointless if served. Rao cited a recent Supreme Court ruling stressing the exceptional circumstances required for granting ex parte injunctions.

“There should be some due process,” Rao added, requesting that the single judge's order be treated as temporary and allowing X Corp to present its arguments at the next hearing.

The court accepted the request, clarifying that the initial order is temporary and the application for interim relief will be heard by the single judge on July 11th.

This case stems from an ex parte order issued on June 14th by a single judge of the High Court, directing the removal of social media posts and videos by Congress leaders Ragini Nayak, Jairam Ramesh, and Pawan Khera. These posts alleged that Sharma used abusive language against Nayak during a live TV discussion on India TV, Sharma's news channel.

Justice Neena Bansal Krishna, who issued the initial order, believed the Congress leaders had exaggerated the incident and misrepresented the facts. The court also determined that Sharma would suffer irreparable harm if the content remained on social media platforms.
Sharma has filed a defamation suit against Nayak, Khera, and Ramesh, seeking ₹100 crore in damages.

The controversy began with a video clip circulating on social media platforms, allegedly showing Sharma using offensive language towards Nayak during a discussion on India TV on the day of the Lok Sabha election results. Nayak posted the video on X Corp on June 10th and subsequently filed a police complaint against Sharma. Sharma has denied the allegations, calling them a fabricated smear campaign orchestrated by the Congress party's media cell.