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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Mangaluru: Iqra Islamic School, in collaboration with the All India Payam-e-Insaniyat Forum, organized a Muslim Intellectuals Meet on Friday, focusing on the theme "Current Affairs and Our Responsibilities." The event took place at the Royal Plaza Hotel in the city.
The program commenced with the recitation of the Holy Quran by Mohsin Kempi, followed by a Naat by Ali Azhaan. Moulana Farhan Nadvi provided an introduction to both the Payam-e-Insaniyat Forum and Iqra Arabic School, Mangaluru.
The gathering was graced by several prominent personalities. Moulana Bilal Abdul Hai Hasani Nadvi, the General Secretary of All India Payam-e-Insaniyat Forum and Secretary of the All India Muslim Personal Law Board, along with Moulana Abdus Subhan Nadvi, a member of the All India Muslim Personal Law Board, served as the chief guests. The event was presided over by Moulana Salim Khalifa Nadvi, Principal of Iqra Arabic School, Mangaluru.
Other notable guests included Dr. C.P. Habeeb Rahman, Director of Unity Hospital, Mangaluru, and Moulana Yahya Thangal, Principal of Al-Furqaan, Babukatte, who were present on the dais during the event.
Moulana Abdul Subhan Nadvi remarked that there is no need to delve deeply into current affairs, as everyone is already aware of the situation around them. He emphasized that people should not lose hope in these challenging times, reminding them that despair is not for believers. Instead, he encouraged Muslims to continue doing good deeds, believing that things will improve.
He urged the community to focus on the welfare of all humanity, stressing the importance of taking responsibility for guiding others away from wrongdoing and working towards positive change in society. He also called on Muslims to engage in self-reflection rather than placing blame on others for the difficulties they face.
Moulana Bilal Abdul Hai Hasani Nadvi expressed concern over the current global situation, noting that it is especially troubling for Muslims. He attributed this to the fact that Muslims have not fulfilled their duty to share the teachings of Islam and the Prophet Muhammad with the world.
He pointed out that while the media in India often targets Muslims and exaggerates situations against them, it is the community itself that provides the material for such stories. He stressed the importance of self-reflection and urged Muslims to be mindful of their actions.
Moulana Nadvi highlighted the vital role that Muslim scholars and Madrasas play in upholding Islam and spreading its teachings. He emphasized that non-Muslims do not judge Muslims by what happens inside mosques and Madrasas but by how they conduct themselves in markets and other public spaces. He called on Muslims to demonstrate the teachings of Prophet Muhammad through their daily lives.
He further stated that Muslims can only be true representatives of Prophet Muhammad if they fully align their lives with his teachings and follow his example. According to him, Muslims must not live in isolation but should care for the well-being of all humanity. He encouraged the spread of good and the prevention of evil.
Moulana Nadvi reminded the community that Allah has created Muslims to work for the welfare of all humanity, and this should be their life's purpose. He concluded by saying that the situation for Muslims in the country will improve significantly if they start living according to the character taught by Prophet Muhammad. He also emphasized that safeguarding Madrasas is one of the primary responsibilities of the Muslim community.
In his presidential address, Moulana Salim Khalifa expressed his gratitude to everyone who attended the event. He urged the audience to take the advice of the esteemed guests seriously and hoped for continued cooperation in future programs that will be organized.
Moulana Khalifa also praised the efforts of the All India Payam-e-Insaniyat Forum for its role in representing Muslims and promoting the practical teachings of Islam and the life of Prophet Muhammad.
Moulana Junaid Farooqi of All India Payam-e-Insaniyat Forum also addressed the event. The event was comperred by Muaad TD.
