Tile: Dharampal Satyapal Foods Limited v. Study Lover & Ors.
Decided on October 5, 2023.
CS (COMM) 701/2023 AND I.A. 19499-19505/2023, 19515/2023
CORUM: JUSTICE PRATHIBA M. SINGH
Introduction
The single bench of Justice Prathiba M Singh of the Delhi High Court observed that a defamatory video in which alleged that consuming Pulse candy can causes cancers to the users and also noted that video is baseless and without any factual ground has been uploaded on youtube and spread the panic between the consumers of the Pulse candy and also affected the sells of the candy, in regarding this the Delhi High Court orders to the defendant to take down the video from the youtube and make sure never upload the same while the defendant can upload the video against the plaintiff’s Pulse candy if there any factual information or any right finding in the against the Pulse candy.
Facts of the case
According to the plaintiff the mark “PULSE” adopted by the company under the umbrella of “PASS PASS” in the year of 2013 for the candy. The said product is duly certified nad approved by the FSSAI. The defendant No. 7 Ashu Ghai uploaded the video under the title of “HARMFULL EFFECT OF PULSE TOFFE MOST FAMOUS CANDY OF INDIA” on his educational youtube plateform due to which Pulse candy sufferd a huse loss and this video also damage the reputation of the company.
Observation of court.
The Delhi High Courts orders the defendant to take down the defamatory video as soon as possible and also instruct not to upload the same while doing so the High Court given the liberty to the defendant that he can upload any other video against the plaintiff’s Pulse candy on the factual ground and not for the purpose of sensationalization which would lead the panic between the viewers. The court also said that there is no doubt that the right to freedom of speech must be protected in order to communicate the facts which is verifiable, such fcts ought to be based on credible report. The court also orders the defendants No. 1,2,3,4,and 7 and also unknown defendants to take down the alleged video otherwise the plaintiff will give the URLs to the google LLC which shall take them down between 72 hours. Google LLC also disclose the identity, any BSI and account registration details of all the uploaders of the same videos.
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Written by: Aamir Hussain
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