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Tag: freedom of speech and expression

July 9, 2025
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Defining the Lines of Sub Judice in the Digital Age: Th...

In the case of Wikimedia Foundation Inc. v. ANI Media Private Limited and Ors.[1], the Supreme Court of India (“the Supreme Court“) struck down an order passed by the Division Bench of the High Court of Delhi (“the High Court“) that directed Wikimedia Foundation Inc....
August 25, 2021
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Freedom of Speech and Expression vs. Content Regulation...

The Government of India, in February 2021, introduced the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Rules”) under the Information Technology Act, 2000 (“IT Act”), to regulate intermediaries, publishers and individual creators of news and current affairs content and online curated content. ......
May 19, 2021
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The Supreme Court Rules on the Quarrel Over Oral Remark...

The Supreme Court has recently, in the case of The Chief Election Commissioner of India Vs. M.R Vijaybhaskar & Ors. ("Judgment"), reiterated the inalienable right of the media to report oral remarks of judges during the course of any hearing. A bench, led by Justice DY Chandrachud, comprehensively tackled this precarious question which had found its way to the Apex Court. ......
May 18, 2020
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Hasmukh Gets the Last Laugh as Delhi High Court Dismiss...

As a general rule, it is frowned upon to bring disrepute to a person. That general principle is integral enough for the law to be concerned with it. The Indian Penal Code (“Code“) defines defamation as “making or publishing an imputation concerning any person, intending to harm, or knowing or having reason that such imputation will harm, the reputation of such person....
March 30, 2020
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Social Media Influencer’s Continuing Battle for Freedom...

On February 14, 2020, a Division Bench of the High Court of Bombay lifted an injunction granted to Marico Limited and permitted a social media influencer to post a video reviewing a Marico product, subject to few amendments in the video....
January 21, 2020
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Social media influencers, freedom of speech and tradema...

In today’s hyper-connected world, social media influencing is one of the most impactful and effective ways of marketing and advertising. But while many of us are familiar with the hashtag culture and the drill used by social media influencers – ‘like’, ‘share’, ‘comment’ and ‘subscribe’, we do not necessarily understand who an influencer actually is....
March 20, 2019

Balancing Defamation and Free Speech Notes for the publ...

In what has been termed a “defamation blitz”, an Indian corporate house has filed at least 28 defamation suits in courts since January 2018, targetting media and publishing houses, journalists, authors and politicians. Four companies under the Reliance Group have filed these suits objecting to content and reportage published about the company’s commercial activities. This is part of a larger trend in India around defamation suits which raises many questions for publishing houses and authors. ...

Representations, Warranties and Covenants: What are the consequences of breach?

Representations, Warranties and Covenants clauses are included in all commercial contracts. Traditionally, the nomenclature has not been clearly delineated, and representation and warranties are grouped together in a manner that often led them to be viewed as synonymous terms.

Pharmacyclics Continues the Divisional Applications Debate in India

In 2024, the Indian Patent Office (“IPO”) issued the Patents (Amendment) Rules, 2024 (“Rules”), which, among other things, amended the rules relating to filing of divisional applications.

An Analysis of the Reserve Bank of India’s Master Direction on Regulation of Payment...

On September 15, 2025, the Reserve Bank of India ("RBI") issued the Master Direction on Regulation of Payment Aggregators, 2025 ("Master Direction"), a framework governing both bank and non-bank entities engaged in the business of payment aggregation ("Payment Aggregators" or "PA").

Removal of fetters on the Arbitration process: Arbitration is not foreclosed due to pendin...

The Arbitration and Conciliation Act, 1996 was enacted to facilitate expeditious and affordable resolution of disputes pertaining to in-personam rights arising out of contractual disputes between private parties.

Timing it Right: Delhi High Court on Pre-Grant Oppositions in India

What happens when a pre-grant opposition is filed after the Controller signs a patent application to grant? This knotty question was answered by the Delhi High Court in a recent case.

Navigating Share Transfer Restrictions in Shareholders’ Agreements Part 2

In our previous Article, we explored the foundational aspects of share transfer restrictions in shareholder agreements ("SHAs"), with a focus on concepts such as tag-along rights, drag-along rights, permitted and automatic transfers, amongst others and the interplay with the Companies Act, 2013 (the "Act").

Collection of Children’s Data under the Digital Personal Data Protection Act: Not Ch...

The protection of children's personal data has and continues to present regulatory and practical challenges for lawmakers, businesses, organisations, institutions and establishments that deal with personal data ("Data Fiduciary").

When “Ok” Becomes “Not Ok”: A cautionary tale of miscommunication from the Indian Patent O...

An important step during patent prosecution in India is the hearing. As the Indian Patent Office (IPO) tends to issue only a single examination report, hearings before the Controller are common.

Navigating Share Transfer Restrictions in Shareholders’ Agreements

Transfer restrictions in shareholder agreements ("SHA(s)") have come to play a critical role in shaping deal dynamics. With India reporting a steady growth in mergers and acquisitions ("M&A"), questions of control, transfer restrictions, ownership flexibility and exit options have become crucial for investors and companies alike.

The Infringer’s Burden in Process Patent Suits in India

Indian patent law contains a unique provision that shifts the burden of proof onto the accused / infringer in process patent suits. But this applies only if certain conditions are met.