Briefly
Case Law

Delhi HC: Muskaan Tiwari Must Remove Defamatory Instagram Posts Against Kushal Singh

India·Bar and Bench··⏱️ 3 min readBriefly Analysis

Summary

  • Delhi High Court orders removal of defamatory Instagram posts against Kushal Singh.
  • Posts accused Singh of sexual harassment and predatory behavior towards minors.
  • Court directs Muskaan Tiwari to remove all defamatory content from her Instagram handle or any other account operated by her.
  • Order sets a precedent for removing defamatory content on social media platforms in India.
  • Highlights potential liability of social media intermediaries in such cases.

Defamatory Content Removed

The Court directed Tiwari to forthwith take down and remove all defamatory Instagram posts, reels, story highlights, captions, comments and other related published content pertaining to the plaintiff (Singh) on her instagram handle or other any account operated or controlled by her ... which falsely accuses, alleges or imputes any act of sexual harassment, sexual misconduct or alike, to the plaintiff.

The Delhi High Court has issued an interim order directing the removal of allegedly defamatory Instagram posts and stories uploaded by Muskaan Tiwari, an Indian content creator. The posts accused Indian basketball player Kushal Singh of sexual harassment and predatory behavior towards minors. This order sets a precedent for removing defamatory content on social media platforms in India.

The Court's direction was issued after considering the circumstances surrounding the publication of these posts. It is worth noting that this is not an isolated incident, but rather part of a sustained social media campaign against Singh.

Legal Context

In issuing the order, Justice Sachin Datta took into account Singh's claim that Tiwari was continuously publishing fresh reels and stories on Instagram. This has significant implications for social media intermediaries in India, who may be held liable for failing to comply with such orders. The Court's direction also highlights the importance of taking down defamatory content promptly.

The order specifically directs Tiwari to remove all defamatory posts, reels, story highlights, captions, comments, and related content from her Instagram handle or any other account operated or controlled by her.

Why It Matters

This order has significant implications for lawyers advising clients on social media presence. It sets a precedent for removing defamatory content and highlights the potential liability of social media intermediaries in such cases. As social media continues to play an increasingly important role in Indian society, this order underscores the need for platforms to take responsibility for hosting defamatory content.

The order also raises questions about the regulation of social media in India. While the Court's direction is specific to this case, it may have broader implications for the way social media companies operate in the country.

Practical Implications

Lawyers advising clients on social media presence should note the Delhi High Court's order, which sets a precedent for removing defamatory content and highlights the potential liability of social media intermediaries in such cases.

Source

Source: Original reporting via [Source]

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