Mohak Mangal, a YouTuber, was ordered by the Delhi Court to take out some
offensive material from his video in which he attacked the news organization
Asian News International (ANI) on May 29. It happened when the ANI filed a
defamation lawsuit against a video that the YouTuber posted on his channel with
the title "Dear ANI."
What transpired in the case:
- According to sources, Justice Amit Bansal's bench criticized the video's tone. "Hafta vasuli, gundaraj," the judge pointed out to Mohak's attorney. This will be taken down by you. Take action now. Please follow instructions if you are the one utilizing this type of language. The Bench also noted that Mohak "should have conveyed the message in a more civilized manner" when bringing up the topic.
- On behalf of ANI, Senior Advocate Amit Sibal and Advocate Sidhant Kumar told the court that the video was not just critical but also inflammatory and defamatory. "He begins a media campaign against me that has blown up into a coordinated campaign which is nothing short of vilifying and per se defamatory," Sibal told the Court. I am being referred to as [ANI] thugs, extortionists, gundas, and other derogatory terms.
- In his capacity as the ANI's spokesperson, Sibal also brought up the social media posts by comedian Kunal Kamra and Mohammed Zubair, co-founder of Alt News, in which they publicly endorsed the Mohak video and in which he voiced his worries about ANI's purported coercive tactics.
- According to Sibal, there seems to be a "concerted effort" to damage ANI's reputation across a number of social media channels.
- On behalf of the defendant Mohak, Senior Advocate Chander Lall and Advocate Nakul Gandhi argued that the ANI had not adhered to the proper procedural procedures. It was alleged that rather than pursuing any legal action, ANI employed tactics including coercion and threats. Lall told the court, "If they have a grievance against me, they can't call me and extort money from me—I'll block your channel if you don't pay."
- However, the Court criticized Mohak's use of profanity in the video. "Videos should be used without a license. You utilize, so why would you make assertions like these? How do you defend that? "What?" asked Justice Bansal.
- Mohak Mangal accused ANI in his video, "Dear ANI," of abusing YouTube's three-strike copyright rules in order to pressure independent filmmakers like him into subscribing to their services. Mohak added that ANI had threatened to file several copyright cases against him and demanded Rs 40 lakh a year to license their video footage. It should be noted that YouTube policy states that a channel will be permanently removed from the platform, along with any related channels, if it earns three copyright strikes.
- Mohak also informed the court that ANI was unwilling to remove the video or offer compensation, but was adamant on either paying a Rs 5 lakh fine for each contested video or purchasing a subscription. Mohak accused ANI of abusing YouTube's copyright strike mechanism by calling the agency's activities "extortion." A large number of additional authors have also joined this movement, arguing that using specific excerpts should be considered "fair use."
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