"Would Cause Harm To Secular Societal Structure": Bombay HC Orders Removal of Defamatory Social Media Posts Calling For Boycott Of Malabar Gold

The Bombay High Court has granted interim relief to Malabar Gold Limited, a leading jewellery manufacturer and trader, in a Defamation case related to malicious social media posts targeting the company's corporate social responsibility (CSR) initiatives.

The Bench of Justice Bharati Dangre criticized the defendants for disseminating misleading information and emphasized the potential harm caused by their actions.

“Darkness cannot drive out darkness...only light can do that. Hate cannot drive out hate and only love can do that..." the Bench remarked. 

The Court's intervention came in response to a lawsuit filed by Malabar Gold Limited seeking damages of Rs. 70 crore against defendants Kajal Shingala, Murali Iyengar, and Shefali Vaidya for allegedly posting derogatory comments and communal remarks on platforms such as Twitter, Facebook, and Instagram. These posts, labeled under the campaign "#BoycottMalabar," insinuated favoritism based on religion in Malabar Gold's philanthropic activities.

Specifically, Defendant Kajal Shingala singled out a photograph from the Plaintiff's scholarship distribution event, highlighting girls from the Muslim community, and made disparaging remarks on social media platforms. She commented as below:

“Who buys more gold and silver- Hindu Who earns more of Malabar-Hindus? By earning from Hindus, who is giving scholarships with the same money-to Muslims. Where the owner of the company is Mu-Salman, Mu-Salman also gets the benefit of earnings. That is a different thing that he is earning from Hindus. But look at our Hindu industrialist, secular worms have been bitten that they do not see religion while giving scholarships with their earnings, so this the condition of Hindus. #BoycottMalabar”

The Court criticized Shingala for selectively choosing one photograph from a series depicting Malabar Gold's scholarship distribution event, misrepresenting the company's initiative of providing scholarships to girls from various backgrounds. "Such post definitely has the effect of damaging the reputation and goodwill of the Plaintiff. Various unknown people and third parties are re-posting the same and this has the potential to create a divide in this united country, which definitely is not in the interest of the citizens of this country," the Bench said. 

Moreover, the Court emphasized that Malabar Gold's CSR activities are conducted in compliance with relevant laws and regulations. However, the dissemination of false information by the Defendant on various social media platforms was deemed an intentional effort to harm the Plaintiff's reputation.

"As far as business of the Plaintiff is concerned, since it deals in Jewellery, when the auspicious occasion of “Akshay Tritiya” is round the corner, it is apprehending that the post is damaging and adversely impacting its business and I do not find the apprehension unfounded," the Court said. 

The Bench noted, "A bare scanning of the accounts enlisted, would reflect upon the wide amplitude of the scholarship distribution programme of Malabar Charitable trust and the photographs appended to the distinct news reporting/publications would make it evident that the scholarship scheme is implemented for girl students in various age groups, irrespective of their caste, creed or religion to which they belong and it is evident that such programme was conducted for more than 60 colleges and more than 630 girls had been benefited out of the same."

The Court held that the Plaintiff made out a prima facie case for ad-interim relief, recognizing the potential irreparable loss and damage to its achievements and status if the defamatory posts continue.

Consequently, the Bench issued directions against defendant Kajal Shingala, ordering the immediate removal of the defamatory content from her Twitter handle and restraining her from issuing further defamatory statements against Malabar Gold. Furthermore, the Court ordered social media platforms, including Twitter (X), Instagram, and META Platforms Inc., to take down any posts or comments related to the defamatory content and prohibited the uploading of similar content in the future from specified URLs.

The Court scheduled further consideration of the matter for July 8, 2024.

Cause Title: Malabar Gold Limited v. Kajal Shingala & Ors.

Appearance:-

Applicant: Mr.Karl Tamboly a/w Nidhi Singh, Shubham Khaire, Ishan Gambhir, Brian Noronha, Akshata Parkar i/b India Law LLP

Respondent: Mr. Akash Manwani a/w Chanakya Keswani, i/b ELP,  Mr. Vaibhav Singh a/w Bryan Pillai i/b Shardul Amarchand Mangaldas & Co

Click here to read/download the Order