Delhi HC ordered takedown of two obscene and sexually suggestive social media posts targeting BJP’s Gaurav Bhatia. Justice Amit Bansal ruled while satire and political criticism are protected, content attacking a person’s dignity cannot be justified.
The Delhi High Court observed that free speech allows satire and political criticism, but obscene or sexually suggestive attacks cannot be justified under this protection. Justice Amit Bansal made these remarks while granting an ad-interim injunction in favour of BJP spokesperson and Senior Advocate Gaurav Bhatia. The injunction addressed allegedly defamatory and morphed posts circulated after a viral TV debate clip. The court clarified that public figures like Bhatia are subject to greater scrutiny, but their dignity cannot be compromised through vulgar or sexually suggestive material.
Defendants and nature of posts
The court directed the Samajwadi Party Media Cell and defendant Sandeep Singh to remove specific URLs within 24 hours. X must take down the content within 72 hours if the defendants fail to comply. One morphed post by user @VishPatel644653 was also ordered to be removed immediately. The posts contained explicit and offensive language targeting Bhatia personally, reports Live Law.
Other defendants in the case include journalist Abhisar Sharma, Congress leader Ragini Nayak, AAP leader Saurabh Bhardwaj, multiple X handles, YouTube channels, and media outlets such as Newslaundry and News18.
Court’s remarks on satire and fair comment
Justice Bansal noted that some of the impugned posts were satirical, humorous, or hyperbolic in nature, and therefore required the defendants’ response before any restraint could be imposed. However, content that was sexually explicit or obscene warranted immediate action. The court emphasised that the threshold for defamation is higher for public figures or politically exposed persons, acknowledging that they are more often under scrutiny.
He stated, “No doubt the actions of such individuals are more often under scrutiny and prone to public criticism; however, they also have the benefit of a stage/media as well as the ability to counter any statement made against them.”
Court directs removal of offensive content
The court specifically ordered the takedown of two posts, including a morphed post captioned “Coming out of a Vish Patel Neha Twitter Gaurav Bhatia coming out of weight Rape.” The defendants were restrained from circulating any further obscene, sexually suggestive, or defamatory material about Bhatia. X was also directed to disclose subscriber information of several defendants and the user @VishPatel644653 within one week.
Court comments on privacy
Justice Bansal noted that Bhatia voluntarily participated in a live television debate wearing a kurta and casual shorts, which led to the telecast showing his bare thighs. The court observed that there was no invasion of privacy in this regard, as Bhatia had chosen to appear in this attire from his residence. The focus of the injunction was solely on content that was obscene, morphed, or offensive.
Next hearing
The matter is scheduled to be heard next on October 30, 2025, before the Joint Registrar, and on November 19, 2025, before the Court. The Delhi High Court will review compliance with the takedown orders and may examine other posts claimed to be defamatory or offensive.
(With ANI inputs)