Freedom of speech no licence for defamatory online campaigns: Delhi HC

The Delhi High Court clarified that freedom of speech is not absolute and does not extend to defamatory or malicious content on social media platforms

The Delhi High Court has observed that while freedom of speech is a cherished constitutional right, it does not extend to posting defamatory, abusive or malicious content on social media platforms under the guise of free expression. Justice Jyoti Singh observed that free speech, though fundamental, is not unlimited and cannot be invoked to justify online campaigns that harm the reputation of individuals or organisations, reported Live Law.

 

The court emphasised that the right to reputation, protected under Article 21 of the Constitution, must be balanced with freedom of expression.

 

Case background

 

The court passed the order while directing the removal of derogatory social media posts targeting online education platform PhysicsWallah, which were posted by a former employee. Justice Singh issued an ad-interim injunction, noting that the content was prima facie defamatory, abusive, and intended to denigrate the brand’s goodwill.

 

 

Counsel for the former employee argued that the posts were protected under the right to freedom of speech. The court, however, rejected this defence, stating that while freedom of speech is a cornerstone of democracy, it is not absolute or unqualified.

 

Court noted, “Albeit a Constitutionally protected right, ‘freedom of speech’ is circumscribed by well recognised limitations and reasonable restrictions under Article 19(2) and does not encompass speech that is defamatory, malicious, abusive, or calculated to injure the reputation or dignity of others, nor can it be construed as a license to harm the reputation of any individual or entity,” reported Live Law.

 

Social media disparagement threatens trademark and goodwill

 

The court highlighted that India’s trademark laws protect not only against infringement but also safeguard goodwill and reputation, which are considered common law rights associated with a registered mark. Justice Singh noted that disparagement through misleading or abusive statements constitutes unlawful interference with another party's commercial goodwill and is actionable under law.

 

The court further observed that spreading disparaging content on social media amplifies harm due to the instant reach, widespread visibility, and permanence of digital platforms. Such posts can inflict immediate and irreparable damage to a trademark’s reputation and the hard-earned goodwill of the affected party.

 

In the PhysicsWallah case, the court concluded that the posts and videos published by the former employee were prima facie defamatory, abusive, and intended to denigrate PhysicsWallah’s goodwill and disparage its brand. The court stressed that such content cannot be characterised as fair competition or protected commercial expression.