Delhi HC orders removal of social media posts by Cong leaders against journalist Rajat Sharma
New Delhi, Jun 15: The Delhi High Court has ordered removal of social media posts by Congress leaders Jairam Ramesh, Pawan Khera and Ragini Nayak alleging that veteran journalist Rajat Sharma used "abusive language" during his show on the Lok Sabha election result day.
The court said an irreparable loss and injury would be caused to the plaintiff's reputation if the videos and posts on X were allowed to remain in the public domain.
Justice Neena Bansal Krishna said it is prima facie evident from the footage of the TV debate played in the court that plaintiff Sharma had "barely intervened for a few seconds and no abusive language was used" against Nayak.
The social media posts berating the journalist are an "over-sensationalisation", the court said.
"It cannot be denied that the citizens have a right to freedom of speech and expression but there was also a corresponding duty to remain truthful to the incident. The X posts berating the plaintiff are nothing but an over-sensationalisation and depiction of facts which are patently false," the court said in its 18-page order passed on Friday and uploaded on its website on Saturday.
The court said the balance of convenience lies in favour of the plaintiff as by making these videos private or injuncting them from being available on public platforms, no infringement on the rights of defendants will be caused.
However, the inconvenience that would result from these videos and X posts continuing to remain in the public domain may not be compensated by damages in future, it said.
"It is directed that the X posts/tweets which have not been removed be removed within seven days by defendants in terms of the Intermediary Guidelines.
"It is further directed that the videos which are in the public domain be made private by defendant No.2 (Google India) and (are) not to be put in the public domain, without the orders of this court," the court stated.
It also issued summons to the defendants including the three Congress leaders, X Corp, Google India and Meta Platforms in the lawsuit and listed it for further hearing on July 11.
Sharma's counsel had urged the court to grant ex-parte relief by ordering removal of the alleged offensive posts and videos against him on social media and restraining the political leaders from making allegations against him.
The controversy arose after Nayak accused Sharma of abusing her on national television during a debate on his show on June 4.
Sharma, the chairman and editor-in-chief of Independent News Service Private Limited (INDIA TV), was also present in the court during the hearing on Friday.
Sharma's counsel had said while the debate was happening on the channel on the evening of June 4, the Congress leaders started tweeting only on June 10 and 11.
He had contended that a clip of the show was being circulated in which an abuse had been inserted whereas the original footage does not contain any such content.
"There is no abuse. Six days after the live show, they tweet that this anchor has used (an) abuse against this lady. They held a press conference on June 11. On June 4, she did not say there was any abuse. She did not hear it on that day," the senior lawyer had submitted.
The high court said in its order that while the threshold of public criticism and alleged defamatory X posts and YouTube videos on intermediary platforms is much higher, the individual dignity and honour of a person cannot be allowed to be defamed or disrepute brought to him on the ground of the right to free speech and expression.
"No harm would be caused to the defendants if the material is restrained from remaining in public domain till the suit is adjudicated on merits, while these tweets have a potential of bringing disrepute to the plaintiff in future with practically no reparation to the damage to his reputation," it said.
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Cong slams Modi govt as 'anti-worker', calls for review of new Labour code
New Delhi (PTI): The Congress on Friday accused the Modi government of being "anti-worker" and demanded that the new labour code be reviewed, MGNREGA be revived as well as a national minimum wage of Rs 400 per day be established.
On International Labour Day, Congress president Mallikarjun Kharge took a swipe at the government and said unemployment in India today is a direct consequence of the 'Hum Do, Hamare Do' policies.
"Driven by the 'Hum Do, Hamare Do' policy, the Modi government implemented an anti-worker Labour Code. As a result, unrest has erupted everywhere - be it in Noida, at the IOCL facility in Panipat, Adani's factory in Raikheda, NTPC Patratu, or the Samsung factory in Sriperumbudur," Kharge said in a post in Hindi on X.
Instead of ensuring job security, this Code promotes policies such as contract labour and 'Hire & Fire' practices, Kharge said and called for a review of the new Labour Code.
The Modi government has effectively dismantled MGNREGA by forcibly pushing legislation through Parliament, he alleged.
"Mr. Modi has shifted 40% of the wage burden onto the State governments. State governments are unable to bear this financial strain and will eventually be forced to stop providing work," he claimed.
The Modi government has compelled workers into a state of unemployment and pushed them towards 'gig work', Kharge said.
Currently, 69% of the workforce is working for wages below the statutory minimum wage, he said.
The Modi government has engineered a crisis of stagnant wages, Kharge alleged.
"When adjusted for inflation, the wages of the majority of India's workers have grown by less than 1% annually over the last decade (from 2014-15 to 2022-23)," he said.
The Modi government has created a massive unemployment crisis among the educated workforce, specifically, among graduates, Kharge claimed and added that jobs have been eliminated through the sale of Public Sector Undertakings (PSUs).
"The government has refused to fill approximately 30 lakh vacant government positions. Furthermore, the government's policy blunders have led to the decimation of Micro, Small, and Medium Enterprises (MSMEs)," the Congress chief said.
The Congress reiterates its five demands for India's workers including revival of MGNREGA and its expansion to urban areas, Kharge said.
He said a national minimum wage of Rs 400 per day should be established, with MNREGA included within its scope.
Kharged demanded that a 'Right to Health' law must be enacted, providing Universal Health Coverage of up to Rs 25 lakh for laborers and workers.
"'Life Insurance and Accident Insurance' coverage must be provided for all unorganized workers. Preventing the contractualization of employment must be made a core priority of the government, and the new Labour Codes must be reviewed," Kharge asserted.
