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Litigants Seeking Takedown Of Objectionable Content Must First Approach Social Media Platform Before Seeking Injunction: Delhi High Court

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The Delhi High Court has ruled that individuals seeking a court-ordered takedown of objectionable or offensive content must first approach the relevant social-media platform under the statutory grievance mechanism, rather than directly rushing to the court for an injunction.

🧑‍⚖️ What the Court Said

A bench led by Manmeet Pritam Singh Arora clarified: if a complainant fails to avail the remedy provided under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the court may refuse to grant an ex-parte ad-interim injunction.

The Court emphasised that the statutory mechanism — allowing users to report and request removal of content via the platform — is “cost-effective and time-sensitive,” and is meant to reduce the burden on judiciary.

It noted that intermediaries (social-media platforms) generally do not oppose legitimate takedown requests when approached through proper procedure; hence, immediate resort to court may often be unnecessary.

📌 Significance

This ruling reinforces that content redressal under the 2021 IT Rules should be the first port of call for anyone aggrieved by objectionable social-media posts.

It encourages compliance with a statutory grievance process, which aims to balance free speech with protection against abuse or misuse of online platforms.

Courts may now be less willing to entertain injunctive relief unless it’s shown that the statutory route was tried and failed or is manifestly ineffective.

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