The Aryavarth Express
Aryavarth (Bombay): The Bombay High Court has come to the aid of Malabar Gold Limited, a renowned jewellery company, which sought an injunction against defamatory posts circulated on social media platforms by certain individuals. The posts in question targeted the company’s Corporate Social Responsibility (CSR) initiative of providing scholarships to girl students across various communities, irrespective of their caste, creed, or religion.
Malabar Gold Limited, represented by Mr. Karl Tamboly, approached the court through an interim application, seeking urgent relief pending the suit filed for larger damages amounting to Rs. 70 crores. The company claimed that the defamatory statements posted on social media were intended to cause irreparable damage and harm to its reputation.
The court took note of the company’s global presence, with over 346 outlets across 13 countries, and its ranking as the second-largest retailer in India and the sixth-largest globally in the gold, silver, diamond, and precious metals industry. The company’s jewellery retail arm caters to customers from all strata of society, supported by a team of 14 nationalities.
Malabar Gold Limited highlighted its extensive CSR activities, focusing on health, education, women empowerment, housing, hunger-free world, and environment. The company claimed to have contributed more than Rs. 246 crores towards these initiatives, with a special emphasis on educating girl students through educational scholarships, benefiting 77,000 girls.
However, the company alleged that certain individuals, namely Kajal Shingala (Defendant No. 1), a social activist and influencer on Instagram and other social media platforms, along with two others (Defendant Nos. 2 and 3), uploaded defamatory posts questioning the integrity of the company’s CSR activities. The posts selectively picked a photograph from a scholarship distribution event, which captured girls from the Muslim community, and accused the company of favoritism towards a particular religion.
The court observed that the photograph in question was one among hundreds clicked during the scholarship distribution events held across various colleges and universities, benefiting girls from different age groups and communities. The court noted that the defamatory post by Defendant No. 1 had garnered significant attention, with 7,917 likes and numerous comments, and was being widely circulated on social media platforms.
Justice Bharati Dangre, presiding over the case, emphasized that while Defendant No. 1 may hold her own opinion, uploading a single photograph out of the entire set, without verifying the veracity of the post, would cause harm to the secular societal structure of the country. The court found the post to be prima facie baseless, as it displayed only one picture among the multiple available, which captured the company’s commendable initiative of empowering girls through scholarships.
The court directed Defendant No. 1 to forthwith take down the alleged defamatory statement from her Twitter handle and restrained her from issuing, disseminating, or circulating any defamatory or malicious statements against the company. The court also ordered the social media platforms, including Facebook, Twitter, and Instagram, to remove any comments or posts uploaded from the specific URLs provided by the company’s counsel.
The court acknowledged that the company had lodged a complaint with the Cyber Crime Cell at Andheri (MIDC Police Station) regarding the matter. It further noted that the continuation of the defamatory post would result in irreparable loss and damage to the company’s achievements and status, especially during the auspicious occasion of “Akshay Tritiya,” when the jewellery business is expected to thrive.
The court’s order serves as a strong message against the spread of misinformation and baseless allegations on social media platforms, which can tarnish the reputation and goodwill of individuals and entities engaged in philanthropic activities. It underscores the importance of verifying facts and considering the broader context before making public statements that can have far-reaching consequences.
The case has been listed for further consideration on July 8, 2024, and the interim relief granted by the court aims to protect Malabar Gold Limited’s reputation and ensure that its CSR initiatives, aimed at empowering girls through education, are not undermined by unsubstantiated and defamatory posts on social media.
