YouTube Channel – Google – Defamatory videos against plaintiff transgender – published by youtuber respondent no.1 – Damages of Rs.50 lakhs awarded to plaintiff
The plaintiff filed the suit under Order IV Rule 1 of the HC OS Rules, 1956, read with Order VII Rule 1 of the CPC for declaration that the contents published and circulated by the respondent no.1 on You Tube media channel run and administered by the respondent no.2 Google are defamatory in nature, for compensation and mandatory injunction to remove or delete 10 videos and all other published or circulated defamatory which were existing beyond the knowledge of the plaintiff
The plaintiff – transgender and possessing the qualifications of B.A. in Journalism (Australia University) and MA Broadcasting from City University of London. The plaintiff was influential spear-bearer for the community and downtrodden women at top most political fraternity. The plaintiff is not only a politician but also social activist, journalist and television anchor.
The respondent no.1 had published and circulated various defamatory videos. As a result, the invitations given to the plaintiff for various programms were cancelled.
The plaintiff quantified the damage, loss and hardships caused by the defendants at Rs.1,25,00,000/- with 36% interest.
The defamatory videos are touching upon privacy, social and political status and caused huge damage / loss to the plaintiff.
Merely because a person has a right to post in YouTube, he cannot cross limit encroaching on privacy of others and such defamatory videos touching on character, behaviour and personal life of an individual, it will have serious impact.
