The Delhi High Court has stressed that while freedom of speech and expression is a fundamental right under the Constitution, it does not entitle anyone to publish defamatory, abusive or malicious content on social media in the name of free expression. Justice Jyoti Singh observed that the right must be balanced with the right to reputation and dignity, which themselves form an integral part of the right to life under Article 21.
In the case, the Court was dealing with abusive and derogatory social media posts and videos allegedly published by a former employee against an online education platform, PhysicsWallah. The defendant had argued that his conduct was protected by freedom of speech, but the Court rejected this defence, noting that freedom of expression is not absolute and is subject to reasonable restrictions under Article 19(2) of the Constitution.
The High Court emphasised that content which is prima facie defamatory and disparaging, especially when intended to denigrate a brand’s goodwill or reputation, cannot be protected as free speech and may attract injunctive relief. The Court noted that the law also protects commercial goodwill and reputation — a common law right linked to trademarks and brand identity — against unlawful interference.
Pointing out the speed, reach and permanence of digital publications, the Court highlighted that social media amplification can cause immediate and irreparable harm, and this potential harm must be weighed against free speech claims. On that basis, it granted an interim injunction directing removal of the offending content.
In essence, the judgment reaffirms that free speech cannot be used as a shield for defamation, character assassination, malicious attacks or campaigns designed to harm another entity’s reputation or commercial interests.
