'Was in shorts': BJP's Gaurav Bhatia moves HC against ‘defamatory content’ over viral TV appearance in kurta
The high court judge acknowledged that while obscene remarks are unacceptable, satirical or sarcastic content related to the incident will not be restricted.
Bharatiya Janata Party (BJP) spokesperson Gaurav Bhatia approached the Delhi high court, seeking the removal of what termed as 'defamatory' social media posts over his recent appearance on a TV news show.
Justice Amit Bansal heard the matter on Tuesday and said that the court will pass the orders on Thursday after reviewing the material, Bar and Bench reported.
Earlier this month, Gaurav Bhatia appeared on a news show, from which videos of his introduction went viral after no lower garment was visible on camera.
The BJP leader informed the court that on September 12, he was "in the comfort of (his) home". However, unauthorised images and videos were shared online after the TV clip. Bhatia asserted that the material was defamatory and in violation of his privacy, with some cases even including inappropriate references to male genitalia.
‘I was in kurta and shorts’
He sought the removal of any content with vulgar language or such references, saying that a "person's reputation is built over time".
Gaurav Bhatia even alleged that some of the visuals were either AI-generated or manipulated. "I was dressed in a kurta and shorts; if a cameraman errs, that doesn't justify defamatory remarks like I'm coming from a PMO meeting," the BJP leader argued.
{{/usCountry}}Gaurav Bhatia even alleged that some of the visuals were either AI-generated or manipulated. "I was dressed in a kurta and shorts; if a cameraman errs, that doesn't justify defamatory remarks like I'm coming from a PMO meeting," the BJP leader argued.
{{/usCountry}}While Justice Bansal acknowledged that obscene remarks are unacceptable, satirical or sarcastic content related to the incident will not be restricted.
{{/usCountry}}While Justice Bansal acknowledged that obscene remarks are unacceptable, satirical or sarcastic content related to the incident will not be restricted.
{{/usCountry}}"Being in politics requires a thick skin," he said, adding that the Court must carefully assess what makes satire cross into offence.
{{/usCountry}}"Being in politics requires a thick skin," he said, adding that the Court must carefully assess what makes satire cross into offence.
{{/usCountry}}Justice Bansal also questioned whether using terms like "nanga" is inherently offensive and raised concerns about the absence of content moderation on certain channels.
{{/usCountry}}Justice Bansal also questioned whether using terms like "nanga" is inherently offensive and raised concerns about the absence of content moderation on certain channels.
{{/usCountry}}Appearing for Bhatia, advocate Raghav Awasthi argued that the cameraman showed the bottom half of the BJP leader's body by mistake.
{{/usCountry}}Appearing for Bhatia, advocate Raghav Awasthi argued that the cameraman showed the bottom half of the BJP leader's body by mistake.
{{/usCountry}}Bhatia's suit has sought removal of posts by AAP leader Saurabh Bharadwaj, Congress' Ragini Nayak, Samajwadi Party media cell, news platform Newslaundry, and journalists including Abhisar Sharma.
Meanwhile, YouTube's legal representatives stated that of the eight URLs flagged by Bhatia, two were unrelated to the matter
The Court said that any directive must first target the original publishers of the content, and platforms like YouTube would be held accountable only if they fail to respond.
The HC also noted that it must be very careful while passing an ex parte injuction order, Bar and Bench reported. "We have to be very careful. The Supreme Court has said that you should not pass ex parte orders in such cases. We have to be very careful," Justice Bansal remarked.
