3 min readNew DelhiMar 21, 2026 03:59 AM IST
THE DELHI High Court on Friday directed digital news platform Newslaundry to take down certain content involving TV Today and its channels Aaj Tak and India Today on the grounds that it allegedly amounts to commercial disparagement and defamation.
“Terms such as ‘shit standards’ and ‘shit reporters’ clearly go beyond the realm of criticism or review and are defamatory and disparaging and therefore, intended to demean the Plaintiff’s reputation,” a division bench comprising Justices Om Prakash Shukla and Hari Shankar said. In 2022, Justice Asha Menon, in a single judge bench order, had heard the case and refused to direct Newslaundry to take down its allegedly infringing videos. The court had said that India Today may have a case, but there was no irreparable loss caused to them by the content since they were seeking “quantified monetary compensation” for the alleged loss.
The division bench, however, said that “given the serious nature of these statements and their potential to cause lasting harm to the Plaintiff’s reputation, we find that the balance of convenience tilts in favour of the Plaintiff. Irreparable harm is likely to result if these statements are not taken down.” The court said using limited extracts of a rival’s work solely to “ride piggyback” or make one’s program more attractive via denigration is considered an act of infringement and disparagement.
Senior advocate Rajshekhar Rao, who appeared for Newslaundry, raised the “defence of truth”, which is an absolute defence in defamation cases. He contended that, in light of this defence, no interim injunction can be issued against his client. On the issue of commercial disparagement, he argued that only a trial would determine the outcome. Newslaundry also argued that restricting its content “would muzzle the right to freedom of speech and expression.” It argued that the platform operated within the realm of satire, parody, fair dealing (in the form of review and criticism), and without any ill intention towards the plaintiff. However, the court took a stern view of the issue and said that the line between satire and disparagement is strict when both parties are “direct competitors.”
“Both parties operate in the same media industry, with the Defendants having substantial user base. Any refusal of protection at this stage would cause greater prejudice to the Plaintiff, while granting the relief sought would not cause comparable hardship to the Defendants,” it said. A case of defamation ordinarily lies before a civil court. India Today moved the HC under its commercial jurisdiction by bringing in an intellectual property rights case of copyright, along with defamation and commercial disparagement. Commercial courts have a swift timeline when compared to civil courts.
The Delhi High Court said that cases involving issues that are both commercial and otherwise can be heard by the Commercial Courts.
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