Delhi HC asks Tamil media outlet to remove defamatory content against Isha Foundation

New Delhi: In its order directing a Tamil media outlet to remove certain defamatory content published against Sadhguru Jagadish Vasudev’s Isha Foundation, Delhi High Court has flagged an “element of malice” in the magazine’s conduct.Justice Subramonium Prasad’s interim order was passed last week on a defamation suit filed by the foundation in 2024 against the magazine, “Nakkheeran“, and its editor.The order, made public now, said the “contents of the impugned videos are per se defamatory and the same directly impinge upon the reputation of the plaintiff-trust in eyes of the general public as it states that the plaintiff follows certain practices which are not accepted in the society.”Stressing that reputation is an integral part of the dignity of each individual and there is a need to balance between freedom of speech and freedom of expression vis-a-vis the right to reputation, HC examined the videos and articles cited by the trust.It noted its “prima facie opinion that the manner in which the eleven videos have been published, does indicate an element of malice on part of the defendants against the plaintiff-trust and its founder.”The court also termed the articles and videos “click-bait titles, drafted in a way to lure audience, especially when unfounded comparison of the founder is being made in the title itself.”While passing an interim take down order, HC detected “certain ulterior political agenda is also afoot on part of the defendants with the aim to malign and cause harm to the plaintiff-trust” adding that comments such as these, “transcend the boundary of fair criticism and ought to be injuncted as the online presence of such content certainly harms the reputation of the plaintiff-trust.”It pointed out that 11 videos, when combined have garnered over 50 lakh views and thousands of comments, where several viewers have expressed their agreement to the contents.“If the video is not taken down immediately, the plaintiff-trust will suffer loss of reputation which cannot be compensated monetarily. Balance of convenience also lies in restraining the defendants to upload the very same videos and articles at any of the social media platforms and directing them to bring down those which has been uploaded,” HC further directed.The lawsuit alleged that “Nakkheeran“ published a series of videos containing defamatory, vulgar and obscene content, to harm the reputation of Isha Foundation and Sadhguru. “Nakkheeran“ had accused Isha Foundation of exploitation and brainwashing.