Law Notify : The Delhi High Court has reaffirmed that the right to freedom of speech, while fundamental, is not absolute and cannot be invoked to justify defamatory or abusive conduct against individuals or organisations. The Court underscored that the Constitution itself allows for reasonable restrictions under Article 19(2), and speech that is defamatory, malicious, or intended to harm the reputation and dignity of others falls outside constitutional protection.

The Court observed that free expression cannot be treated as a licence to damage the standing or reputation of any person or entity. Speech that deliberately undermines dignity or reputation, it said, does not enjoy the protection of free speech. Justice Jyoti Singh emphasised that the right to reputation is an integral part of the right to life under Article 21 of the Constitution, and any speech violating this right cannot claim immunity as free expression.

These observations were made while hearing a suit alleging that a former employee had carried out a sustained online campaign, using YouTube videos and social media posts, to brand a company, its founder, and its employees as a scam. After examining the videos, transcripts, and other material on record, the Court found that a prima facie case for interim relief had been established.

The Court held that the content appeared clearly defamatory and disparaging, and was aimed at tarnishing the reputation and goodwill the company had built over the years. It noted that harm to reputation causes irreparable injury that cannot be adequately compensated by monetary damages.

Accordingly, the Court directed that the identified videos and posts be taken down and restrained the publication or circulation of any further content that disparages the company, its trademarks, founder, or employees until the next hearing. Social media platforms were also instructed to block the relevant URLs if the content was not removed within the stipulated time.