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Tags Freedom of speech and expression

Tag: freedom of speech and expression

July 9, 2025

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

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

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. ...

India’s New Deepfake Regulation: MeitY Notifies Amendments to Information Technology...

On February 10, 2026, the Ministry of Electronics and Information Technology ("MeitY") notified the Information Technology (Intermediary Guidelines and Digital Media Ethics ...

The Registrar’s “Undo” Button: The Lambretta case and Section 19 of India’s Trademark Act

Trademark disputes rarely move in straight lines. Sometimes, well before a mark becomes opposition-worthy, disputes around ownership may emerge.

Data Protection as a Closing Condition: Rethinking Risk Allocation in Indian Tech Deals

Data protection has historically been considered a compliance issue during transactions, which is generally identified during diligence and only tackled after closing ...

Limits of Claim Construction: Preamble vs. Characterising Clauses in Indian Patent Dispute...

Claim construction is an important aspect of infringement analysis. In several jurisdictions, such as the United Kingdom, Germany, and the European Union...

Urgency in IP Suits: No more Pre-Institution Mediation Hurdles in India?

In a jurisdiction beset by large volumes of litigation, litigating parties must naturally be encouraged to explore alternate means of dispute resolution.

The 2026 NICE Refresh: Codifying AI Services in Class 42 and implications for AI businesse...

The 13th edition of the Nice Classification (referred to as NCL 13-2026) came into effect on 1 January 2026. We have already provided an overview of the changes in the new edition ...

When the Internet Refuses to Move On: Media Reporting, Discharge and Dignity

In the case of IE Online Media Services Private Limited v. Nitin Bhatnagar and Ors. , the High Court of Delhi ("High Court") upheld an interim injunction directing restraint on...

A Reset of India’s Export Import Rules

To promote ease of doing business in cross-border trade through simplified procedures and reduced compliance burdens, the Reserve Bank of India ("RBI"), on January 16...

The Judicial Stance on Contractual Bars and Pendente Lite Interest in Arbitration

In the realm of commercial disputes, debates pertaining to awarding of interest remains constant. For every business that deals with contracts, clauses pertaining to...

Defining Patent Ownership in India: Employment Contracts as Valid Proof of Right

In India, a patent application can be filed not just by the true and first inventor, but also by the assignee of an inventor. This is provided for under Section 6 of the Indian Patents Act...