Mohak Mangal Row: Delhi High Court Directs Kunal Kamra To Take Down Tweet Calling ANI 'Thugs & Mafia'

While hearing news agency ANI's defamation suit against YouTuber Mohak Mangal alleging that his recent YouTube video is disparaging and defamatory towards the agency, the Delhi High Court on Thursday (May 29) directed comedian Kunal Kamra to take down a tweet posted in connection to Mangal's video. 

Justice Amit Bansal was informed by Kamra's counsel that without prejudice to the rights and contentions of Kamra, the first tweet made by him shall be taken down.

Accordingly, the Court directed: “The aforesaid statement of the counsel is taken on record. The aforesaid tweet/post shall be taken down within 24 hours.”

Advocate Soutik Banerjee appearing for Mohd Zubair who is also a defendant submitted that the issue can be settled. "I have only made one tweet. I am not YouTuber. I am not making money out of this. This is the most civilized. I am willing to delete it down," Banerjee submitted which was recorded by the high court. 

The aforesaid statement of the counsel is taken on record. The aforesaid tweet/post shall be taken down within 24 hours. In view of the aforesaid, counsel for the plaintiff does not press for any reliefs against the defendant no.3. Accordingly, the defendant no.3 is deleted from the array of parties.

When the counsel appearing for Kamra submitted that he is a satirist the court orally said:

"Satire is welcome. It is great but phrases you have used is mafia, thugs. I don't see any satire or humour there".

When Kamra's counsel said that Kamra's commentary is addressed to Youtube, the court said, "Obviously whoever you're telling it you, you are saying he is a mafia. "These" is for whom?".

When the court asked the counsel if Kamra is willing to take down his post, his counsel had initially said "No". 

The court thereafter asked Kamra's counsel to take instructions for his "first tweet". At this stage senior advocate Amit Sibal appearing for ANI said that the tweet is addressed to ANI's editor Smita Prakash.

Court thereafter said to Kamra's counsel, "first tweet is unacceptable". 

To this Kamra submitted, "I have instructions to place the fact that it is fair comment. These are matters for public interest". 

However the court asked the counsel if his client could abuse someone. 

However Kamra's counsel responded, "These are matters of public interest. The language is protected from free speech". 

For context Kamra in the first tweet had said, "Hello @YouTubeIndia why are you letting @ANI run this mafia. Creators make your platform not these thugs". 

To the counsel's submission the court orally remarked, "I am all for free speech but calling someone thugs and mafia, it is serious. You have a huge following no? Obviously significant". 

However Kamra's counsel said that he is justifying the tweet on the basis of fair comment. "Prayer is that they want ban on any kind of practice," the counsel said.

To this court said, "For now I am going to order take down of the first tweet. Second one we will see". 

Prior to lunch hour, the high court had after watching the video, asked Mangal's counsel senior advocate Chander Lall to take instructions on removing certain offending portions from the video. 

Earlier in the day ANI, represented by senior advocate Amit Sibal and Siddhant Kumar, had argued that Mangal was violating ANI's copyright content. It was argued that Mangal had taken clips from ANI's videos and used them in their own posts which amounts to unlawful publication of ANI's content. ANI had also argued that the impugned video referred to the agency as "gunda, kidnapper".

Meanwhile Lall had argued the legal way to go about the matter was copyright infringement, however ANI cannot call Mangal and "extort money from" him saying that "if you don't pay the channel will be blocked".