Adani vs News Influencers: Delhi Court Order Redraws Line Between Speech and Defamation

The Centre has ordered all digital news publishers to remove defamatory content against Adani Enterprises, complying with a Delhi court order in the Adani vs. Paranjoy Guha Thakurta case.

The order, prompted by Thakurta's investigative reporting, demands content removal within 36 hours, extending to platforms like Meta and Google.

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The Ministry of Information and Broadcasting's direction to digital news publishers to comply with a Delhi court order mandating the removal of alleged defamatory content against Adani Enterprises Ltd has raised a few eyebrows.

Following the court's directive, the Ministry of Information and Broadcasting directed YouTube and Instagram to take down 221 flagged items, 138 YouTube links and 83 Instagram posts, published by outlets such as The Wire, HW News, Newslaundry and by journalists like Ajit Anjum, Ravish Kumar, Paranjoy Guha Thakurta, and Akash Banerjee.

Govt Move Sparks Debate

The latest development has sparked debates over freedom of digital speech, the role of news influencers, and the government's enforcement mechanisms in an era of social media platforms.

Many have raised concerns over the takedown order by the government. Some feared that the action was part of a growing pressure on commentators and influencers who are able to drive online narratives.

Why This Is Important

However, the enforcement in this case is procedurally clear. The government's takedown notices were issued after a court's order, and not at its own whim.

The court's injunction specifically targeted "unverified" and "unsubstantiated" statements and bars republication of identified material. It does not prohibit fresh investigation, analysis or opinion on the Adani Group. In principle, defendants retain full opportunity to substantiate their claims within the judicial process.

Govt Directive Issued After Court's Order Not Complied With 

The directive, issued through an official notice dated September 16, refers to a court order from September 6 in the case of Adani Enterprises Ltd. v. Paranjoy Guha Thakurta & Others. The Senior Civil Judge of Rohini Court, Delhi, had instructed defendants to remove defamatory material from articles and social media posts within five days.

However, the Ministry noted that compliance with the court's direction has not been carried out within the stipulated period. As a result, publishers have now been ordered to take immediate action to expunge the flagged content and report compliance to the Ministry within 36 hours of receiving the communication.

The notice, issued under the signature of Deputy Secretary (Digital Media) Arpitha S, has also been forwarded to global platforms, including Meta Platforms Inc and Google Inc, for necessary compliance and monitoring.