Court Directs Samajwadi Party to Remove 'Defamatory' Social Media Post Against BJP's Amit Malviya

The Delhi High Court has ordered the Samajwadi Party and its media cell to remove a defamatory post against BJP IT department head Amit Malviya within four days. The court's interim order, issued on Friday, states that if the defendants fail to comply, X (formerly Twitter) must take down the post within 36 hours of receiving a request.

Defamatory Allegations

Malviya filed the lawsuit after the Samajwadi Party Media Cell posted on August 3, accusing him of sexual misconduct. The court noted that such allegations are highly offensive and can unjustly damage an individual's reputation. Justice Vikas Mahajan emphasised that reputation is a crucial part of one's personality and should not be tarnished under the guise of free speech.

The court directed, "Under these circumstances, the defendant nos.1 Samajwadi Party Media Cell and 2 Samajwadi Party are directed to take down/remove/restrict access/block the URL of the post uploaded on X, which contains defamatory statements against the plaintiff within a period of four days."

Potential Political Impact

The court observed that Malviya, being a public figure due to his professional role, could suffer significant harm from such baseless allegations. It stated that political figures' public images should not be damaged by unfounded defamatory statements for minor gains. The court also issued summons to the SP and its media cell regarding the lawsuit.

Malviya's counsel argued that the August 3 post was defamatory and scandalous, severely impacting his reputation. They stressed the need for urgent action to remove the post. The court agreed, noting that grave and irreparable harm would occur if interim injunctive orders were not granted in Malviya's favour.

Retaliatory Post

In its order, the court indicated that there is prima facie evidence suggesting that the post was retaliatory and contained defamatory allegations made recklessly without regard for the truth. The court highlighted that such actions could adversely affect Malviya's political career, which he has built over many years.

The lawsuit mentions that after Malviya posted about the outrage over a brutal gang rape in Ayodhya, the Samajwadi Party Media Cell responded with personal attacks and false accusations of sexual misconduct. The court found substance in Malviya's claims that these were retaliatory actions aimed at tarnishing his reputation.

The court's decision underscores the importance of protecting individuals' reputations from unjust attacks while balancing freedom of speech. It also highlights the potential consequences for public figures facing baseless allegations.