Gaurav Bhatia Moves Delhi High Court Against 'Derogatory' Social Media Posts Over Viral TV Debate Video, Interim Order Likely On Thursday

Senior Advocate and BJP leader Gaurav Bhatia moved the Delhi High Court on Tuesday seeking take down of allegedly defamatory social media posts over a video of his recent appearance on a TV debate, which went viral on social media.

Justice Amit Bansal said that he will pass an order on Bhatia's application seeking interim relief on Thursday, after going through the impugned URLs of the social media posts.

The Court asked Advocate Raghav Awasthi representing Bhatia to file a detailed list of all the offending URLs.

The Court indicated that while some of the posts may fall in the category of satirical comments or humour, but it will surely injunct the posts with references to “male private parts.”

The defamation suit names Samajwadi Party Media Cell, various individuals, including politicians Saurabh Bhardwaj and Ragini Nayak, journalist Abhisar Sharma and news outlets including Newslaundry and News 18 as defendants.

During the hearing, Awasthi told Court that the incident is of September 12 when Bhatia was live on a debate on News 18 channel from his house and the cameraman mistakenly took a shot showing him sitting in Kurta and shorts.

Awasthi said that the impugned statements are invasion of Bhatia's privacy, as the viral pictures and videos were taken within the privacy of his home.

“I was sitting in the privacy of my home in kurta and shorts.… such photos be not circulated without my consent and the statements have to be injuncted,” he said.

On this, Justice Bansal remarked that in politics, individuals have to be a little thick skinned.

Awasthi then submitted that Bhatia was most aggrieved by the statements wherein reference was made to “male private parts” and use of word “toti” in the post of Samajwadi Party Media Cell. Such words are not to be used in public discourse, he said.

Also appearing in person, Bhatia told Court that while he appreciates Court's comment on being thick skinned, but the remarks made in the matter were by “irresponsible persons on the other side calling themselves media houses.”

“I stand before your lordships because reputation is earned over decades. I appear in a debate in proper dressing in kurta and shorts. The cameraman did something which he is not supposed to do…To say that I am coming from a meeting from PMO. It is defamatory. They are saying this person (Bhatia) “khud hi ko nanga kardiya.” This is a media house reporting this. That comment has to be removed because these are AI generated videos also, statements highly derogatory,” Bhatia said.

The Court then told Google's counsel, Advocate Mamta Rani, that satirical comment has to be culled out from remarks which are attacking Bhatia personally.

Rani said that some of the links impugned in the order did not relate to the lis.

Justice Bansal then listed the matter for passing orders on Thursday.

“There is a latest judgment of the Supreme Court that you should not pass ex parte orders in these cases. We will have to be very careful. We will have to make a list and you (Awasthi) give a list. I will pass order on the basis of that,” Court said.

Title: Gaurav Bhatia v. Samajwadi Party Media Cell & Ors