Social media platform X has contended before the Delhi High Court that the video clip in which senior journalist Rajat Sharma is heard allegedly using an objectionable word against Congress leader Ragini Nayak during a TV debate cannot be considered “edited.”
X claimed that the video circulating on social media, which Sharma seeks to remove from its platform, matches the livestream from his channel, India TV, and is prima facie “authentic.”
X has approached the high court seeking the vacation of an ad-interim injunction order that required X Corp, Google India, and Meta Platforms to remove social media posts unless deleted by Congress leaders Jairam Ramesh, Pawan Khera, and Ragini Nayak.
The application-cum-reply was filed by X in response to Sharma’s suit, in which he seeks the removal of alleged offensive posts and videos against him on social media and a restraining order against the political leaders from making allegations about him.
Justice Manmeet P.S. Arora issued a notice and asked Sharma to respond to X’s application. The case is listed for further hearing on August 22. Meanwhile, the counsel for the three Congress leaders stated that, in compliance with the high court’s June 14 order, they will delete the social media posts authored by them. However, the removal of posts will be without prejudice to their rights and contentions on the merits of the matter.
Justice Arora instructed X to unblock the specific URLs that it claimed to have geo-blocked per the court’s order by 5 p.m. on Friday and to inform the Congress leaders about it. The leaders are to delete the tweets by 7 p.m. on Friday.
“In the unlikely event that defendant nos. 4 to 6 (Congress leaders) breach the undertaking given to this court and do not take down the impugned tweets by 7 p.m. on July 12, the plaintiff shall notify defendant no. 1 (X) about the non-compliance by 8 p.m. on July 12. Upon receiving intimation from the plaintiff, defendant no. 1 shall, on or before 8 p.m. on July 13, once again block the above-listed URLs,” the court said.
Sharma has claimed defamation by the Congress leaders over alleged use of “abusive language” during his show on June 4, the day of Lok Sabha election counting. In its application-cum-reply, X argued, “This court cannot conclude that the video is ‘edited’ or that it contains ‘insertions’ based solely on the plaintiff’s (Sharma) vague and unsubstantiated assertions… The injunction order should be vacated because it has prejudiced the trial in the suit by returning an unsubstantiated finding that the video is edited at a preliminary stage, when prima facie there was no ‘editing’.”
X further argued that since the injunction application fails to establish that the content is “malicious” or “palpably false,” granting the injunction would stifle public debate and allow misuse of litigation to suppress public participation.
Background of the Controversy
The controversy arose after Nayak accused Sharma of using abusive language against her on national television during a debate on his show on June 4, 2024.
Rajat Sharma is the chairman and editor-in-chief of Independent News Service Private Limited (INDIA TV). Sharma’s counsel had noted that while the debate occurred on June 4, the Congress leaders began tweeting about it only on June 10 and 11. He contended that a circulated clip of the show had an abusive term inserted, whereas the original footage did not contain such content.
