‘Sexually suggestive language not free speech’: Delhi HC on Gaurav Bhatia defamation case

Bhatia was seeking an injunction against alleged defamatory content against him, which suggested that he had appeared in a recent TV debate in “just a kurta”. The senior lawyer had said that he was dressed in “casual shorts” below the kurta, which was inadvertently caught on camera.

Justice Amit Bansal, however, did not grant an injunction overall but ordered the removal of posts from three social media handles. “Attacking the dignity of a person using obscene and sexually suggestive language under the guise of free speech cannot be permissible under any circumstances,” the judge said, according to a PTI report.

The court, however, refrained from issuing an ex parte injunction against all such posts, including ones that the court deemed to be satirical in nature and that Bhatia has objected to.

Justice Bansal reiterated that the threshold for defamation in respect of public figures or politically exposed persons should be higher.

“While the words used in the impugned posts may appear to be defamatory by themselves, it has to be borne in mind that the impugned posts were occasioned on account of the plaintiff’s appearance, as noted above, during a live telecast and, on a prima facie view, appear to be satirical, humorous and in the nature of hyperbole,” the judge said.

The court said that there was no invasion of privacy as Bhatia voluntarily participated in the broadcast.

“Further, there is no invasion of privacy of the plaintiff as he voluntarily chose to be a part of a live television debate from his place of residence in such an attire… In my prima facie view, the threshold for defamation in respect of public figures or politically exposed persons should be higher. No doubt the actions of such individuals are more often under scrutiny and prone to public criticism, however, they also have the benefit of a stage/media as well as the ability to counter any statement made against him,” it said.

What did Gaurav Bhatia claim?

BJP spokesperson Gaurav Bhatia had claimed an “invasion of privacy”, objecting to posts on social media that made “defamatory statements” about him.

He submitted that the purported objectionable video, in which he is improperly dressed, is being circulated “without my consent.” He said the video was from September 12, when he was at home.

The court order, however, said that it would be reasonable to give the defendants an opportunity to present their case, including the defence of “fair comments”. “

The court has issued summons to the defendants and posted the matter for consideration next on November 19.