October 10, 2024
Delhi HC Orders Samajwadi Party to Remove Defamatory Tweet About BJP’s Amit Malviya
High Court

Delhi HC Orders Samajwadi Party to Remove Defamatory Tweet About BJP’s Amit Malviya

Aug 18, 2024

Last Updated on August 18, 2024 by NewsDesk SLC

In one of the decisions dealing with social media, politics, and defamation, the Delhi High Court has directed the SP to remove the tweet accusing the head of the BJP’s IT Cell, Amit Malviya, of rape. This ruling helps to establish what legal limits the political parties should adhere to in the context of social media platforms in the modern India.

Justice Vikas Mahajan granted the interim relief to Malviya following his defamation lawsuit against the SP. The court, however, understood that the tweet could have lasting impact on Malviya’s reputation especially given his key leadership position in the BJP. On behalf of Malviya, Senior Advocates Arvind Nayar and Nalin Kohli stated that the allegation was frivolous and defamatory. In court, Nayar continued, “These kinds of statements can’t be made about anyone… It’s causing damage every day… Lakhs of people have seen this.”

The protests started with the allegations of rape against an SP leader in Ayodhya. Therefore, taking inspiration from SP Chief Akhilesh Yadav’s DNA test utterance in that case, Malviya played the role of a critic against the SP. In response to this, the SP Media Cell took to its twitter handle and posted photographs of other BJP leaders with men accused of rape including one against Malviya. The fact that the court has ordered the deletion of the tweet as soon as possible shows that it takes defamation on social media seriously. Such intentions were there due to the fact that the court insisted on hand delivery of the order as the situation was dire.

It poses pertinent issues of political freedom or speech and the roles of political parties especially through the use of social media. It also demonstrates the willingness of the courts in handling expeditious trials in matters that involve, alleged defamation over the social media.

Since social media is increasingly used in political campaigns, this decision might be used to address similar cases of defamation by political actors on social media platforms in the future. That is why social media is a good reminder for political parties to respect the legal aspect of it and think of the outcomes if someone is offended by the post.

Written By: Amit Kumar Patra

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