Free Speech No Shield for Obscenity: Delhi HC Orders Takedown of Defamatory Posts on Gaurav Bhatia

The Delhi High Court has held that “attacking the dignity of a person using obscene and sexually suggestive language under the guise of free speech cannot be permissible under any circumstances”, as it directed the removal of certain defamatory social media posts targeting Senior Advocate and BJP spokesperson Gaurav Bhatia.

The order was passed by Justice Amit Bansal on a suit filed by Bhatia seeking the removal of allegedly derogatory and obscene content posted online after a live television debate featuring him went viral.

The controversy stems from Bhatia’s participation in a News18 India debate on September 12, 2025. Appearing from his residence, he was attired in a kurta and shorts, with the understanding that only his headshot would be broadcast. However, due to a camerawork error, his bare thighs became visible during the telecast. Clips of this appearance were widely circulated on platforms such as X (formerly Twitter) and YouTube, prompting a series of derogatory remarks.

The defendants in the suit include the Samajwadi Party media cell, digital platform Newslaundry, political leaders including AAP’s Saurabh Bharadwaj and Congress’ Ragini Nayak, journalist Abhisar Sharma, and several others.

Court found that certain posts, mainly those by Defendant No.1 (Samajwadi Party Media Cell) and Defendant No.11 (Sandeep), fell outside the bounds of permissible speech.

“The impugned posts made by the defendants no.1 and 11 clearly fall in this category and cannot be justified. Similarly, a comment made by one Vish Patel (username: @VishPatel644653) on the platform of the defendant no.6 subsequent to hearing of the present suit on 23rd September, 2025, which has been shown in Court today, shows a morphed image of the plaintiff along with the text ‘Coming out of a Rape’. These kinds of posts are completely unacceptable,” the Court said.

The judge directed that Defendants No.1 and 11 must take down their impugned posts within 24 hours. If they fail, X must de-index and remove them within 72 hours. Additionally, X was directed to immediately remove Vish Patel’s post.

At the same time, the Court refused to injunct other posts, noting that satire and humorous commentary fall within the ambit of free speech.

Relying on its earlier decision in T.V. Today Network Limited v. NewsLaundry Media Private Limited, the Court reiterated that satire is a form of fair comment under Article 19(1)(a) of the Constitution.

“While the words used in the impugned posts may appear to be defamatory by themselves, it has to be borne in mind that the impugned posts were occasioned on account of the plaintiff’s appearance, as noted above, during a live telecast and, on a prima facie view, appear to be satirical, humorous and in the nature of hyperbole,” the Court observed.

It further noted that there was no invasion of privacy, as Bhatia voluntarily chose to participate in a live television debate in that attire. “Prima facie the threshold for defamation in respect of public figures or politically exposed persons should be higher. 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 him,” Justice Bansal said.

“Therefore, at this stage, the Court is not inclined to grant an ex parte ad interim injunction against the defendants qua their respective posts. In my prima facie view, it would only be reasonable to give an opportunity to the defendants to present their case, including the defence of ‘fair comment’ that they might take in support of their posts,” he added.

In the last hearing, Bhatia appeared in person and drew the court's attention to fresh posts made after the previous hearing. “The same defendants are posting comments like ‘nanga’ after the hearing. This cannot be freedom of speech, humor, or satire when it crosses the line into defamation against a person who has earned a reputation with hard work. Subject to Your Lordship’s order, directions should be passed to restrain them and to take down the defamatory posts,” he submitted.

The matter will now proceed with notices to the defendants, and further hearings are scheduled for November 19, 2025.

Case Title: Gaura Bhatia v. Samajwadi party Media Cell & Ors.

Bench: Justice Amit Bansal

Order Date:25th September 2025