WhiteHat Jr CEO and Founder Karan Bajaj’s defamation case against software engineer Pradeep Poonia took a turn for freedom of speech during the hearing, as the Delhi High Court remarked that both sides would be heard, especially since Poonia “is not involved in profit-making,” Live Law reported.
Arguing for Bajaj, advocate Rajshekhar Rao said WhiteHat Jr was not against freedom of speech, but wanted to remind Poonia that the freedom comes with limits. He pointed out that while Poonia may not be making money, he is using WhiteHat Jr's content. "When you're out to be a crusader, please remember that your freedom ends where my nose begins."
Bajaj in his Rs 20 crore defamation suit has alleged that Poonia (@WhiteHatSnr/Twitter) violated trademark and copyright rules, besides making defamatory comments and invading the company and its employees’ privacy.
The defamatory statements in particular relate to Poonia’s “defamation spree” against an imaginary child Wolf Gupta who in WhiteHat Jr’s advertisements lands a plum job with Google, besides claims that WhiteHat Jr’s teachers are “uneducated” and “housewives”.
Poonia’s lawyer advocate Swathi Sukumar pointed out that there is “no disclaimer” that Wolf Gupta is imaginary.
“Wolf Gupta was an advertising masquerade who lands a job in Google of $2.3 million. He is a fictional character for whom they have created a #LinkedIn profile as well. There is no disclaimer about this completely false fact. I am yet to come across any disclaimer till the date the plaint is filed, that Wolf Gupta is a fictional character. They are duping the public,” she argued.
On the Twitter posts, Sukumar argues the “statements are not malicious” to which the HC questioned whether there is a problem even if the teachers are housewives. “What is the problem if they're doing part-time jobs? Do you have the whole list of 7,000 teachers to show they are uneducated?”
On Poonia’s use of trademarked WhiteHat Jr for his own channels as WhiteHat Sr, Sukumar claimed fair criticism through “parody”
Referring to Sukumar's submission that fair criticism includes right to parody, Delhi HC asks Sukumar to show how the present case uses 'parody', which the HC also disputed and asked to prove.
The case has been adjourned to January 6, 2021 and Poonia has been given three weeks to file a reply and two weeks for a rejoinder.
In the meantime, the HC has directed Poonia “not to use, telecast or transmit any information received by hacking the WhiteHat's server … and not help people take down content of WhiteHat Jr.”
The court has also restrained Poonia from using “WhiteHat Sr” on YouTube and to take down specific URLs” using the name. Tweets dated September 12 with comments on WhiteHat’s teachers and on September 5 calling the business a pyramid scheme, and other specific tweets in September and October (11.10.2020, 3.09.2020, 22.09.2020, 20.10.2020, 23.10.2020) have to be taken down.
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