Film producer Vashu Bhagnani filed a defamation suit against actor and critic Kamal Rashid Khan (KRK) alleging that KRK posted defamatory tweets and videos on Twitter (now X) accusing Bhagnani of financial irregularities, non-payment for film rights, hawala transactions, destroying Bollywood by overpaying actors, and personal attacks on his family and films like Bellbottom and Coolie No.1, causing reputational harm, embarrassment, and public ridicule.
Bhagnani sought damages and interim relief under Order 39 Rule 1 CPC via a notice of motion, claiming the content was false, scandalous, and part of a smear campaign for cheap publicity, while KRK defended it as fair film criticism under freedom of speech, denying personal defamation.
The court, after reviewing the material, found a prima facie case of defamation as KRK exceeded criticism limits by encroaching on Bhagnani's privacy and reputation without basis, applied the triple test of prima facie case, balance of convenience, and irreparable injury, balanced free speech with right to reputation and privacy per constitutional principles, and held that unregulated publication would cause ongoing harm. The court granted interim injunction restraining KRK from publishing or repeating such content and directed deletion of the offending tweets and videos but rejected the prayer for mandatory apology pending full trial evidence.
- Every individual has a right to have their reputation unaffected by false statements, and defamatory imputations that lower one's esteem in society give rise to a prima facie cause of action, with the law presuming falsity unless proven otherwise by the defendant: Jagadishkumar Thakkar Vs. Waahiid Ali Khan, (2024 SCC Online Bom 1079), Para 20 (referencing Para 15 of the cited judgment).
- The test for defamatory statements is their tendency to incite adverse opinions, hatred, contempt, or ridicule, with the burden on the defendant to prove truth or unintentional publication: Jagadishkumar Thakkar Vs. Waahiid Ali Khan, (2024 SCC Online Bom 1079), Para 20 (referencing Para 19 of the cited judgment).
- Right to privacy is a fundamental right, with exceptions only for compelling public interest: Justice K. S. Puttaswamy (Retd.) Vs. Union of India, (2017) 10 SCC 1, Para 20 (referencing Para 19 of the cited judgment).
- For interim injunction in defamation cases, courts must satisfy the triple test of prima facie case, balance of convenience, and irreparable injury, ensuring interference protects against irreparable harm greater than from granting relief: Dalpat Kumar Vs. Prahlad Singh, AIR 1993 SC 276, Para 16.
- Interim orders in defamation balance reputation and privacy rights with freedom of speech, applying caution per the Bonnard standard to grant injunction only if falsity is certain and unjustifiable: Para 21-22.
- Freedom of speech does not permit breaching another's privacy or reputation; self-restrictions apply when expressing opinions publicly: Para 25.
