ANTO AUGUSTINE Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is submitted by the petitioners who are the managerial employees of M/s. Broadcasting Company Pvt. Ltd., a news and current affairs content broadcasting channel in India. The grievance highlighted by the petitioners in this writ petition is against certain contents of the publications made by 6th and 7th respondents through the social media platforms, operated and managed by respondents 3 to 5 herein, which according to the petitioners, contain certain news items, which are defamatory in nature. It is also the case of the petitioners that, despite being brought to the notice of the 1 st and 2nd respondents, no actions are taken by them, against the respondents 6 and 7 or remove the said contents. The publication of the news items of the said nature, are even now continuing and according to the petitioners, the respondents 1 to 5 are bound to take necessary steps to remove the aforesaid contents from the online platforms or otherwise, block the access of the public to the said content. It is also their grievance that, inaction on the part of the respondents are amounting to violation of the Constitutional rights of the petitioners guaranteed under 21 of the Constitution of India and the same also violates various provisions of the Cable Television Network (Regulation) Act, 1955, Information Technology Act, 2000 and the various Rules framed under the said enactments.

(2.) The reliefs sought by the petitioners in the writ petition are as follows:-

(3.) Thus, the specific case of the petitioners is that, the 6 th and 7th respondents, who are operating an online channel, in the social media platform named 'Marunadan Malayali', are repeatedly publishing various news items, defaming the petitioners and circulating the same with the help of the other social media platforms also. Ext.P1 is the legal notice issued by the petitioner addressed to the respondents 3 to 5, highlighting the defamatory contents published by the 6th and 7th respondents where, the petitioners have required the said respondents to remove the video contents from the links mentioned in the said notice within seven days and also to pay an amount of Rs.10.00 Crores each as compensation to the petitioners.