Bombay High Court Orders Pulling Down Of Social Media Posts Labelling Malabar Gold As "Sympathiser Of Pakistan"
The Bombay High Court on Monday (September 29) in an ad-interim order, directed various social media platforms to pull down the defamatory posts against jewellery brand Malabar Gold and Diamonds, which is being labelled as a 'Sympathiser of Pakistan' by netizens for engaging a Pakistani social media influencer to promote it's brand in London.
Notably, the plaintiff - Malabar Gold and Diamonds Limited had plans to open up a showroom in Birmingham in United Kingdom. And to promote its brand for gauging local customers, it had roped in JAB Studios to arrange for local social media influencers, who could promote the brand.
Accordingly, JAB Studios arranged one Alishba Khalid, a Pakistani social media influencer, who lives in London, to promote the brand. However, it was later revealed that Khalid had criticised India and its "Operation Sindoor", a surgical strike against Pakistan after the tragic attack in Pahalgaon.
The jewellery brand, however, maintained that the engagement of Khalid was much before the Pahalgaon attack and that it was not informed about her origins (from Pakistan) by the JAB Studios, at the time of hiring her services.
The brand has now petitioned a single-judge bench of Justice Sandeep Marne seeking a direction against several social media posts, which are portraying it as a 'Sympathiser of Pakistan.'
"The problem that the Plaintiff now faces is that several posts/materials/stories are being posted on social media platforms against the Plaintiff by random persons seeking to connect the Plaintiff with the neighbouring country. On account of Plaintiff hiring services of social influencer criticizing India's Operation Sindoor, it is being portrayed through such posts that Plaintiff is a sympathizer of Pakistan. Plaintiff contends that this is being done strategically at the instance of competitors so as to ensure that Plaintiff's business during festive times suffer," the judge noted.
Appearing for the brand, senior advocate Naushad Engineer submitted that mere utilisation of services of the UK based social influencer by his clients at some point of time cannot be a reason for spreading defamatory contents by its competitors.
"The Plaintiff has discontinued the services of the said influencer. The Plaintiff cannot be connected to the activities of the influencer, especially considering that the posts by her are subsequent to her engagement by Plaintiff," Engineer submitted.
Agreeing with the submissions, Justice Marne held that a case is made out for grant of ad-interim injunction in favour of the Plaintiff for pulling down the posts, list of which alongwith URL was provided.
"Similarly, the Defendant Nos.1 to 7 on whose platforms defamatory material is being published against the Plaintiff, deserves to be restrained from permitting publication of any further defamatory material against the Plaintiff qua the influencer arrangement made by it with Ms. Alishba Khalid. Therefore, Defendant Nos.1 to 7 shall pull down and delete all the posts/materials/stories details of which are reflected in the plaint," the judge ordered.
The defendants to the suit are Meta Platform (Facebook, WhatsApp & Instagram), X (erstwhile Twitter), Google (YouTube) and news agencies - The Pamphlet, Only Fact, Latest Newspaper Agency, ABC Malyalam News, JAB Studios and one Ashok Kumar.
Further the judges ordered social media platforms not to permit publishing of any further defamatory material against the Plaintiff qua the arrangement made by it for engagement of Alishba Khalid as a social influencer to promote its products and business."Defendant No.6 (Only Fact) is restrained from publishing any printed material against the Plaintiff qua the arrangement made by it with Ms. Alishba Khalid as a social influencer," the judge ordered.
Appearance:
Senior Advocate Naushad Engineer along with Advocates Amrut Joshi, Premlal Krishnan, Uazad Udwadia, Rehmat Lokhandwala and Abuzar Khan instructed by Pan India Legal for appeared for the Plaintiff.Advocates Harit Lakhani, Varun Pathak, Amee Rama, Vishesh Sharma, Richa Bharti and Anannya Gogoi instructed by Shardul Amarchand Mangaldas & Co. represented Meta Platforms.
Advocate Tanvi Rana instructed by Economic Laws Practice represented Google & YouTube.
Case Title: Malabar Gold & Diamond Limited vs Meta Platforms Inc [Interim Application (L) 30690 of 2025]