Delhi High Court: In a case wherein the plaintiff, Zydus Wellness Products Ltd. was aggrieved by the video disparaging its product ‘GLUCON-D’, being circulated on platforms like Instagram and Twitter, a Single Judge Bench of C. Hari Shankar, J.* directed Meta Platforms, Inc. and X Corp. (Defendants 2 and 3) to not only take down the impugned video from their respective platforms but also, in the event the said video was reposted or circulated on either of their platforms, to take down the video on information in that regard being provided to them by the plaintiff, without the plaintiff having to re-approach this Court for the said purpose.
Background
The plaintiff was aggrieved by a video, posted by Defendant 1, and further circulated by third parties on Defendant 1’s Instagram profile (@FoodPharmer) and Twitter handle (@TheFoodPharmer). The URLs at which the impugned videos could be accessed HERE and HERE. The plaintiff submitted that the impugned video disparaged its product ‘GLUCON-D’ and thus, the plaintiff accordingly impleaded Meta Platforms, Inc. and Twitter, Inc., which were managing and maintaining the Instagram and Twitter platforms, as Defendants 2 and 3. As Twitter Inc. had been taken over by X Corp., the Court treated X Corp. as Defendant 3.
The counsel for Defendant 1 in the earlier Order dated 19-5-2023 had submitted that the video had been taken down by which the plaintiff was aggrieved and Defendant 1 had undertaken not to broadcast any further content which discussed or referred to any of the plaintiff’s products including GLUCON-D. Counsel for the plaintiff submitted that the plaintiff was interested in pursuing his claim for costs and damages but wanted that directions might be issued to Defendants 2 and 3 to take down the impugned videos from their respective platforms.
Thus, the Court directed Defendants 2 and 3 to not only take down the impugned video from their respective platforms but also, in the event the said video was reposted or circulated on either of their platforms, to take down the video on information in that regard being provided to them by the plaintiff, without the plaintiff having to re-approach this Court for the said purpose.
Analysis, Law, and Decision
[Zydus Wellness Products Ltd. v. Revant Himatsingka, 2023 SCC OnLine Del 3190, decided on 26-5-2023]
Advocates who appeared in this case :
For the Plaintiff: Sagar Chandra, Shubhie Wahi, Ankita Seth, Advocates;
For the Defendants: Nakul Gandhi, Eshna, Prachi, Advocates;
Judgment authored by: Justice C. Hari Shankar.
