Madras High Court: In a suit filed by Sevabharathi, Tamil Nadu under Order IV Rule 1 of Original Side Rules 1956 read with Order VII Rule 1 of Code of Civil Procedure (‘CPC’) praying for damages of Rs.1,00,01,000/- and for a permanent injunction restraining the YouTuber, Surendar, his agents or anyone acting on his behalf from posting any messages, pictures or graphical representation of any nature that are defamatory, derogatory or in the nature of threat against Sevabharathi , and further for mandatory injunction directing the Surendar to issue a public apology in any national newspaper for the defamatory and derogatory posts against Sevabharathi, N. Sathish Kumar, J. directed the YouTuber to pay damages of Rs.50 lakhs with costs within a period of one month, failing which the suit amount shall carry interest at 7.5% . Further, a decree of permanent injunction was also granted against the YouTuber.
Sevabharathi is a charitable trust engaged in rendering yeoman service for the poor and needy belonging to all sections of the society. Surendar telecasted a video on YouTube in 2020 under the banner of Karuppar Desam, wherein, he made allegations against the trust regarding the alleged murder of two persons inside the police station. Surendar said that the trust is supported by RSS, and it aims to eliminate the Christianity religion and therefore, the murder has taken place. Thus, Sevabharathi filed the present suit claiming damages.
The Court said that when the public was already agitating in respect of custodial death of two persons in police custody, circulating such false allegations without any semblance of truth and portraying the trust in a bad light in the eye of public is nothing but clear case of defamation with a malafide intention. Further, portraying trust in the eye of the public as if it is acting against one community is nothing but a malicious statement which certainly tarnishes the image of trust.
The Court viewed that Sevabharathi is certainly entitled to claim damages. Portraying the trust in a bad light with allegations that their aim is only to eliminate the Christian community is nothing but serious allegations which not only causes damage to reputation but will have a serious impact in the very activity of the trust. Though the nature of damages is immeasurable, considering the nature of the statement circulated in YouTube in the form of interview, the Court directed the YouTuber to pay monetary compensation for a sum of Rs.50 Lakhs to the trust.
The Court remarked that it cannot shut its eyes when such false allegations are circulated targeting innocent persons. Circulating statements nowadays is used as a tool to blackmail the people. These things cannot be encouraged. Unless it is discouraged in the initial stage, there will not be an end and every black mailer may use the social media platform to blackmail others by spreading false and unnecessary news.
[Sevabharathi, Tamil Nadu v. Surendar, 2024 SCC OnLine Mad 359, decided on 06-03-2024]
Advocates who appeared in this case :
For Plaintiff : Senior Counsel S.Ravi
