Institute of Legal and Management Studies

While hearing news agency ANI's defamation suit against YouTuber Mohak Mangal alleging that his recent YouTube video is disparaging and defamatory towards the agency, the Delhi High Court on Thursday (May 29) orally directed comedian Kunal Kamra to take a tweet posted in connection to Mangal's video.

During the hearing counsel for AltNews co-founder Mohd Zubair who had also posted a tweet, submitted that Zubair is willing to take down his tweet.

Justice Amit Bansal orally said, "For now I am going to order take down of the first tweet. Second one we will see."

Advocate Soutik Banerjee appearing for Mohd Zubair who is also a defendant submitted that the issue can be settled. "I have only made one tweet. I am not YouTuber. I am not making money out of this. This is the most civilized. I am willing to delete it down," Banerjee submitted which was recorded by the high court.

However when counsel appearing for Kamra submitted that he is a satirist the court orally said:

When Kamra's counsel said that Kamra's commentary is addressed to Youtube, the court said, "Obviously whoever you're telling it you, you are saying he is a mafia. "These" is for whom?".

When the court asked the counsel if Kamra is willing to take down his post, his counsel said "No".

The court thereafter asked Kamra's counsel to take instructions for his "first tweet". At this stage senior advocate Amit Sibal appearing for ANI said that the tweet is addressed to ANI's editor Smita Prakash.

To this Kamra submitted, "I have instructions to place the fact that it is fair comment. These are matters for public interest".

However the court asked the counsel if his client could abuse someone.

However Kamra's counsel responded, "These are matters of public interest. The language is protected from free speech".

For context Kamra's in the first tweet had said, "Hello @YouTubeIndia why are you letting @ANI run this mafia. Creators make your platform not these thugs".

However Kamra's counsel said that he is justifying the tweet on the basis of fair comment. "Prayer is that they want ban on any kind of practice," the counsel said.

Prior to lunch hour, the high court had after watching the video, asked Mangal's counsel senior advocate Chander Lall to take instructions on removing certain offending portions from the video.

Earlier in the day ANI, represented by senior advocate Amit Sibal and Siddhant Kumar, had argued that Mangal was violating ANI's copyright content. It was argued that Mangal had taken clips from ANI's videos and used them in their own posts which amounts to unlawful publication of ANI's content. ANI had also argued that the impugned video referred to the agency as "gunda, kidnapper".

Meanwhile Lall had argued the legal way to go about the matter was copyright infringement, however ANI cannot call Mangal and "extort money from" him saying that "if you don't pay the channel will be blocked".

The suit has been filed against Mangal's YouTube video titled “Dear ANI” which has 5.5 million views at present. The suit also names comedian Kunal Kamra, AltNews co-founder Mohammed Zubair and unknown entities (john does) as defendants for sharing Mangal's video on their X Corp (formerly Twitter) handles.

As per the suit, Mangal in his YouTube video has alleged that ANI, in seeking to enforce its copyright over its published content, is holding people hostage and committing extortion and blackmail.

It further states that Mangal has called upon all members of public to unsubscribe to all the services offered by ANI. ANI has claimed that in his video, Mangal has deliberately misrepresented communications with ANI, including by using artificial intelligence tools, with the intent to target and malign the news agency and its employees.

The suit submits that the Impugned Video reflects a “calculated and malicious attack” on the reputation, credibility, and goodwill of ANI and also its registered trademarks.