Recently, the Delhi High Court recorded an undertaking by influencer Raj Shamani to remove disparaging remarks against Dettol Antiseptic Liquid from a YouTube podcast, as part of a product disparagement suit settlement. The Court directed the content to be edited within 24 hours, observing that responsible compliance was necessary to bring a quietus to the dispute
Brief Facts:
The dispute arose from a podcast episode hosted by Raj Shamani on his YouTube channel "FiguringOut.Co," which featured dermatologist Dr. Manjot Marwah. The episode, titled "Skin Mistakes You Didn't Know! Tanning & Sunburn EXPOSED," aired on April 1. During the discussion, allegedly defamatory and misleading remarks were made about "Dettol Antiseptic Liquid." Additionally, a related Instagram reel captioned "Never Use Dettol on Your Skin" was posted on April 4 by Marwah and Shamani, and subsequently reposted by influencer Ritik Chaturvedi.
Aggrieved by these contents, Reckitt Benckiser (India) Limited, the manufacturer of Dettol products, filed a suit for disparagement against Marwah, Shamani, and Chaturvedi. It was also revealed that legal notices had been issued to all three individuals as well as to Meta Platforms and YouTube.
Contentions of the Petitioner:
The counsel for the petitioner contended that the impugned remarks made in the podcast and Instagram reels were not only false and defamatory but also made with malice and a possible commercial motive. It was argued that the statements conveyed an incorrect message to the public that Dettol antiseptic liquid is unfit for skin application, and even causes burns or delays in healing. Reckitt emphasized that Marwah, being a dermatologist, should be aware that while a disinfectant cannot be used on the human body, an antiseptic like Dettol can be, and that such distinctions were being misrepresented.
Observation of the Court:
Justice Saurabh Banerjee recorded Shamani's undertaking that the disputed portion of the podcast, lasting about one and a half minutes, would be edited out. While the Court suggested re-uploading a completely fresh version of the video, Shamani's counsel informed that his client would comply by editing only the portion referring to Dettol.
The Court further noted that Marwah and Chaturvedi had already removed the respective Instagram reels from their profiles. It was also informed that a mutual settlement agreement had been drafted between the parties to resolve the dispute.
Quoting the settlement-based approach, the Court remarked, "To put a quietus to it, we will edit that and remove Dettol part." The Court emphasized that, despite the content being part of a longer video, appropriate caution and responsibility must be exercised in public dissemination when it involves reputed consumer products.
The decision of the Court:
The High Court directed that the impugned YouTube podcast be edited within 24 hours to remove the objectionable reference to Dettol. Raj Shamani was restrained from re-uploading the deleted content in any form. Dr. Manjot Marwah and Ritik Chaturvedi were also directed to act strictly in accordance with the settlement agreement. The matter was disposed of in view of the mutual settlement reached by all parties.
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