Recently, the Delhi High Court disposed of a defamation suit filed by Senior Advocate and BJP spokesperson Nalin Kohli, after taking on record a settlement arrived at between him and the publisher of the Hindi daily ‘Dainik Bhaskar’. The Court recorded the assurance that the impugned video and article, allegedly linking Kohli to the circulation of fake news, would be suitably modified, and a corrigendum published. The Court, while accepting the statements of the parties, also directed that the defendants shall remain bound by the undertakings furnished before it.

The suit arose from the publication of a sting operation video and accompanying article by D.B. Corp Limited, the publisher of Dainik Bhaskar. It was alleged that the content linked Nalin Kohli to a purported campaign involving the creation and dissemination of fake media content aimed at maligning prominent leaders of the Indian National Congress. The article, citing a certain Vijay Sharma, insinuated Kohli’s role in the orchestration of manipulated social media campaigns targeting public figures such as Rahul Gandhi, late Dr. Manmohan Singh, and Sonia Gandhi. Kohli claimed that the report irresponsibly displayed his image and name in conjunction with unverified and defamatory narratives, without any independent corroboration.

Senior Advocate Aman Lekhi, appearing on behalf of Kohli, submitted that the publication had not only misrepresented facts but had also caused reputational harm. He informed the Court that the content remained accessible to the public for nearly seven days, and in light of the impact, sought appropriate rectification, including a formal corrigendum and removal of all references to Kohli. On the other hand, the counsel representing Dainik Bhaskar and its journalists apprised the Court that pursuant to an amicable resolution, the newspaper had agreed to remove Kohli’s photograph from the video and beep out any reference to his name therein. Furthermore, the reporters agreed to delete Kohli’s name from the published article. It was also submitted that Dainik Bhaskar would issue a corrigendum in both English and Hindi on its official website and its X (formerly Twitter) handle. Notably, the corrigendum was assured to be displayed prominently under the website's top news section for a duration equivalent to that for which the defamatory content was accessible, i.e., seven days.

Taking these statements into account, Justice Manmeet Pritam Singh Arora recorded the undertakings given by the counsel and disposed of the suit against Dainik Bhaskar and its two journalists, binding them to their submissions. Additionally, it was informed that one of the other named defendants, who had since resigned from the publication as of April 15, had already removed the disputed content from his X handle. The Court accordingly restrained him from republishing or reposting the content in any form and disposed of the matter qua him as well.

While the claim originally sought ₹2 crores in damages and permanent removal of the disputed material, the Court refrained from adjudicating the damages in view of the mutual understanding between the parties. Kohli had initially sought interim protection to ensure that the defamatory statements were not further circulated and to safeguard his reputation from further harm.

The High Court concluded the proceedings by acknowledging the amicable resolution between the parties, thereby preserving the integrity of the interim relief process while ensuring that the undertakings provided would stand as binding directions of the Court.

Picture Source :

 
Siddharth Raghuvanshi