In an order dated on May 29th, the Delhi Court, ordered the youtuber Mohak Mangal to remove certain defamatory portions from his video where he targeted the news agency Asian News International (ANI).
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In an order dated on May 29th, the Delhi Court, ordered the youtuber Mohak Mangal to remove certain defamatory portions from his video where he targeted the news agency Asian News International (ANI). It was after a defamation suit was filed by the ANI against a video which was made by the Youtuber on his Channel, titled as “Dear ANI”.
What Happened in the Case:-
- As per the reports, the Bench of Justice Amit Bansal criticised the kind of language used in the video. Pointing out to Mohak’s Counsel, the Judge said, “Hafta vasuli, gundaraj. You will take down this… Do it today. Whoever is using this kind of language, please take instructions.” While mentioning the subject, the Bench further observed that Mohak “should have conveyed the message in a more civilised manner.”
- Senior Advocate Amit Sibal, on behalf of ANI, along with advocate Sidhant Kumar, told the Court, that the video was not only just critical but defamatory and inflammatory as well. Sibal explained to the Court that, “He starts a media campaign against me that has spiraled into a concerted campaign which is nothing short of vilifying and per se defamatory. They are calling me [ANI] thugs, extortionist, gunda, other expletives.”
- Sibal, while representing the Ani, also mentioned the social media posts made by comedian Kunal Kamra as well as Alt News co-founder Mohammed Zubair, where they both supported the video by Mohak publically and where he explained his concerns regarding ANI’s alleged coercive practices.
- Sibal mentioned that it appears there to be a “concerted effort” maligning the reputation of ANI on various social media platforms.
- Senior Advocate Chander Lall and Advocate Nakul Gandhi, on behalf of the defendant Mohak, contended that due legal procedures were not followed by the ANI. It was claimed that ANI used methods such as threats and coercion instead of taking any lawful action. “If they have a grievance against me, they can’t call me and extort money from me that I will block your channel if you don’t pay,” Lall explained to the court.
- But, the Court criticised the language used by Mohak in the video. “You want to use videos without taking a license. You use, why would you come out with these kinds of statements? How do you justify that?” Justice Bansal queried.
- In his video, titled as ‘Dear ANI’, Mohak Mangal claimed that ANI was misusing YouTube’s three-strike copyright policy with an intent to coerce independent creators like him to subscribe to its services. Mohak further claimed that ANI had made a demand of Rs 40 lakh annually so as to license their video clips, further threatening him with multiple copyright charges. Here, it should be noticed that the policy of YouTube dictates that if a channel receives three copyright strikes, it will be removed permanently from the youtube platform including the associated channels.
- Further, Mohak brought it to the notice of the Court that ANI was not ready to settle the issue by means of compensation or to delete the video, but was steadfast on either paying a penalty of Rs 5 lakh per disputed video or to buy their subscription. Mohak termed the actions of ANI as “extortion”, thereby accusing the agency of exploiting the copyright strike policy of YouTube. Numerous other creators have also joined in this campaign, claiming that if one uses certain portion of clips could be constituted as “fair use”.
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Adv Vipul Singh Raghuwanshi
Legal expert and contributor at Sharks of Law. Committed to providing clear and accessible legal guidance to everyone.
