Delhi HC asks social media influencer to remove videos with 'false' contents against Complan
New Delhi, Sep 27: The Delhi High Court has directed the taking down of an allegedly disparaging video against nutritional drink Complan saying social media influencers cannot be reckless and comment on a subject they are not the "master" of.
Justice Saurabh Banerjee observed that Prashant Desai, who has about one million followers on Instagram and over 60,000 followers on Facebook, spoke on the "chemistry" behind Complan despite being "neither a doctor nor a nutritionist nor a dietician" nor anyone connected with the health industry, when Advertising Standards Council of India (ASCI) guidelines require a user to possess relevant qualifications to publish a health-related post.
The court also restrained the content creator from publishing any matter which denigrates the product and asked him to remove the existing video from all his social media handles within a period of two weeks.
In the video, Desai claimed that Complan, as well as certain other similar products, contain sugar in excess of the daily requirement in children.
Zydus Wellness Products Ltd, in its lawsuit, argued that the video made false as well as unsubstantiated claims and, therefore, sought directions to restrain Desai from infringing upon its trade mark and disparaging Complan and Complan Pista Badam.
Asserting that a social media influencer is entitled to take recourse to Article 19 of the Constitution if he has acted verily, cautiously and within the permissible precincts, the court noted that in the present case, the content creator identified and directly targeted Complan and asked the public to evade it, which cannot be permitted.
The court said a social media influencer is expected not to try to play the role of a professional without any backing to substantiate what is being shared by them.
"In the present scenario, even though the defendant is neither a competitor nor a qualified Doctor/ Nutritionist/ Dietician, however, he has openly named, identified and criticised the plaintiff's product 'COMPLAN' by starting the impugned video on a purely negative note by making unsubstantive and false statements therein.
"The contents/ statements therein are not backed by any substantive basis, even when they were uploaded and even as on date, therefore, the said contents/ statements made by the defendant therein are nothing short of being false, which is writ large," said the court on September 26 in the judgment passed on Zydus' plea seeking an interim relief.
"Merely being a 'social media influencer', the defendant is not bestowed with the independence to speak and/ or comment about a subject of which he is not the master. In fact, 'social media influencer' like the defendant is always expected not to cross over and try to play the role of a professional or try to fall in/ step into the shoes of a teacher or any other professional or act like a preacher, more so without any backing to substantiate what is being talked/ shared," the court stated.
Desai said he was a well-established social media influencer who created content relating to health and lifestyle, and maintained that his video reflected the truth. There were no falsities in relation to the product of the plaintiff, he added.
Besides being a qualified chartered accountant and certified management accountant, he has also obtained several certifications from different universities on the subject of nutrition and wellness, the court was told.
The court, in the order, said Zydus was an "age old company" which was selling Complan for a long time after obtaining requisite authorisations in accordance with the Food Safety and Standards Authority of India (FSSAI) and other guidelines. The defendant cannot be permitted to "identify" and unauthorisedly reproduce the plaintiff's product, it added.
"The defendant by uploading the impugned video is questioning all such authorisation(s), permission(s), approval(s), sanction(s) or like obtained by the plaintiff from the Government of India," it stated, while concluding that the video was "indeed damaging" and "malicious" .
"The defendant's unauthorised and dishonest use of the plaintiff's registered mark 'COMPLAN' in the impugned video, is/ are detrimental to, the distinctive reputation/ goodwill/ character of the plaintiff's trademark 'COMPLAN' and 'COMPLAN family marks', amounting to infringement," it stated.
The court further said the defendant ought to have been more careful while uploading the video, especially as he was naming the plaintiff's product.
"A 'Social Media Influencer' like the defendant cannot express and/or advocate his ideas/ opinions freely without any substantive basis and/ or backing and/ or is expected to be sensible, prudent, careful, cautious and pragmatic instead of being unwise and reckless, especially in today's age when media is a powerful tool having an influence over all humanity," the court said.
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UDF leaders see local body poll trends as pointer to 2026 Assembly elections in Kerala
Thiruvananthapuram (PTI): Buoyed by the strong performance of the Congress-led UDF in the local body polls, KPCC president Sunny Joseph said on Saturday that the front's results indicated the people had rejected the LDF government.
According to early trends, the UDF was leading in more grama panchayats, block panchayats, municipalities and corporations than the LDF.
The local body polls were held in two phases in the state earlier this week.
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Speaking to reporters here, Joseph said the people of Kerala had extended their support to the UDF.
"We could expose the LDF government’s anti-people stance and the people understood it. The LDF’s fake propaganda was rejected by the people. The UDF is moving towards a historic victory," he said.
He said a united effort, proper preparations, good candidate selection and hard work had resulted in the Congress and the UDF’s victory in the elections.
Asked about the prospects in the Thiruvananthapuram Corporation, Joseph said the party was studying the matter and would comment later.
LDF convenor T P Ramakrishnan said the results would be closely examined.
According to him, the government had done everything possible for the people.
"Why such a verdict happened will be examined at the micro level. People’s opinion will be considered and further steps will be taken," he said.
He added that decisions would be taken after analysing the results. "If any corrective measures are required, we will initiate them and move forward," he said.
AICC leader K C Venugopal said the results showed that people had begun ousting those who, he alleged, were responsible for the loss of gold at Lord Ayyappa’s temple.
"This trend will continue in the Assembly elections as well. It is an indication that the people are ready to bring down the LDF government," he said.
Venugopal said the UDF had registered victories even in CPI(M) and LDF strongholds.
"I congratulate all UDF workers for their hard work. Congress workers and leaders worked unitedly," he said.
Referring to remarks made by Chief Minister Pinarayi Vijayan against the Congress on polling day, Venugopal said the voters had responded through the verdict.
"I do not know whether the chief minister understands that the people are against him. Otherwise, he does not know the sentiment of the people. The state government cannot move an inch further," he said.
He said the results indicated a strong comeback for the UDF in Kerala.
Asked whether the Sabarimala gold loss issue had affected the LDF in the local polls, Venugopal said the CM and the CPI(M) state secretary did not take the issue seriously.
"We took a strong stand on the matter. The BJP played a foul game in it," he alleged.
On the BJP's role in the local body elections, Venugopal alleged that the party operated with the CPI(M) 's tacit support.
"The CPI(M) supported the central government on issues such as PM-SHRI, labour codes and corruption in national highway construction. The CPI(M) is facing ideological decline, and the state government’s policies are against the party’s own decisions," he said.
Meanwhile, LDF ally Kerala Congress (M) leader Jose K Mani said the party could not win all the wards it had expected in the elections.
He congratulated winners from all parties and said the party would closely examine the losses and identify shortcomings. "Later, we will take corrective measures," he added.
Senior Congress leader and MP Rajmohan Unnithan said the trends in the local body elections indicated that the UDF would return to power in the 2026 Assembly elections.
"We will win 111 seats as in 1977 and return to power in 2026. The anti-government sentiment of the people is reflected in the elections," he said.
Unnithan said the people were disturbed and unhappy with the present government.
"The trend indicates the end of the LDF government," he added.
CPI(M) MLA M M Mani said the people had shown ingratitude towards the LDF despite benefiting from welfare schemes.
"After receiving all welfare schemes and living comfortably, people voted against us due to some temporary sentiments. Is that not ingratitude," he asked.
Mani said no such welfare initiatives had taken place in Kerala earlier.
"People are receiving pensions and have enough to eat. Even after getting all this, they voted against us. This is what can be called ingratitude," he said.
Muslim League state president Panakkad Sayyid Sadiq Ali Shihab Thangal said the results were beyond expectations.
"The outcome points towards the Secretariat in Thiruvananthapuram, indicating that a change of government is imminent. We are going to win the Assembly election," he said.
