The social media giant ‘X’ Corp has informed the Delhi High Court that mandating the removal of posts deemed defamatory by journalist Rajat Sharma from all countries would violate international law and principles of comity of nations, and infringe upon the sovereignty of other countries.
New Delhi: (On Aug 7): The social media giant ‘X’ Corp has informed the Delhi High Court that mandating the removal of posts deemed defamatory by journalist Rajat Sharma from all countries would violate international law and principles of comity of nations, and infringe upon the sovereignty of other countries.
In an affidavit filed in response to Sharma’s contempt application, X Corp argued that allowing a court to dictate what information people in all countries can see would lead to unacceptable results.
“Such an order by a foreign court would interfere with the rights of Indian citizens, over whom that foreign court has no jurisdiction. Thus, the plaintiff’s argument would lead to unacceptable results. This court should hold that defendant no. 1 (X) complied with the injunction order by geo-blocking the URLs in India,” the affidavit said, emphasizing that X respects India’s right to enforce its laws within its jurisdiction.
X Corp stated that removing the posts globally, rather than restricting them within India, would conflict with international law and the principles of comity of nations.
“An order to remove the URLs in all other countries would not be enforced outside of India, such as inter alia in the United States,”
the affidavit added.
Sharma’s defamation suit initially sought the removal of offensive posts and videos against him on social media, and an injunction against Congress leaders Jairam Ramesh, Pawan Khera, and Ragini Nayak from making allegations against him. He claimed that these leaders used abusive language about him during a show on the Lok Sabha elections result day.
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The case’s origins lie in Nayak’s accusation that Sharma abused her on national television during a debate on June 4. Sharma, the chairman and editor-in-chief of Independent News Service Private Limited (INDIA TV), claimed that Congress leaders began tweeting about the incident on June 10 and 11, with a manipulated clip of the show being circulated online.
Subsequently, Sharma filed a contempt plea, accusing the Congress leaders and X Corp of willfully disregarding the court’s order to remove the offensive posts. X Corp, in its response to the contempt plea, argued that the court’s direction to ‘remove’ or ‘block’ the URLs did not necessitate global removal.
“Any such requirement would violate international law and the principles of comity of nations. It would extend beyond this court’s jurisdictional reach, and would encroach upon the sovereignty of all other countries, including the United States, where different legal standards and protections apply,”
it stated.
X Corp further contended that extending the court’s jurisdiction globally would contradict the principle of state sovereignty in international law, which limits state organs, including courts, to their national boundaries.
“Such a direction would also run contrary to the well-settled principle of international comity, which mandates that national courts should consider the impact of their decisions on the rights of the nationals of the foreign jurisdictions and also the corresponding interests of foreign states in protecting those rights,”
the affidavit noted.
READ ALSO: Delhi HC Orders Removal of Posts Alleging Rajat Sharma Abused Congress Leader on TV
The affidavit emphasized that global removal orders would not be enforceable in countries where the content is not illegal. It argued that passing orders with international ramifications, which cannot be globally enforced, serves no useful purpose. X Corp urged the court to dismiss Sharma’s contempt plea, asserting that it has complied with the injunction order by geo-blocking the URLs in India.
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