Freedom of Speech does not Shield Abusive posts: HC orders removal of posts against PhysicsWallah

The Delhi High Court has stepped in to curb abusive online conduct, directing the immediate removal of allegedly defamatory social media content posted by a former employee against ed-tech platform PhysicsWallah, holding that freedom of expression cannot extend to personal abuse and reputational harm.

The interim order came in a defamation suit filed by PhysicsWallah seeking damages of Rs.2 crore against its former employee, Nikhil Kumar Singh, and various social media platforms. The company alleged that Singh had uploaded multiple videos and posts branding the platform as a “scam,” naming employees, and using derogatory language, thereby damaging its reputation and trademark.

PhysicsWallah argued that the content went beyond criticism and crossed into sustained abuse and commercial disparagement. Singh, on the other hand, attempted to justify his statements by referring to third-party reports and adverse commentary circulating in the public domain.

Justice Jyoti Singh took a firm view of the nature of the content, questioning the justification for abusive language and observing, “Who permits you to be abusive?” The Court made it clear that such speech cannot be shielded under the guise of opinion or public discourse. Warning that stronger judicial observations could follow, the Court pressed the defendant to commit to removing the content and refraining from similar conduct.

It ultimately directed PhysicsWallah to submit a list of the offending links for takedown, granted interim protection to the platform, and set timelines for written submissions and replies on the injunction plea.

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