Tag: defamation

  • Read the full jury verdict form from the E. Jean Carroll defamation trial

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    screenshot 2023 05 09 180432

    A federal jury on Tuesday found that Donald Trump sexually abused and defamed E. Jean Carroll, a writer who accused the former president of attacking her in a department store dressing room in the 1990s.

    The verdict in the civil trial marks the first time that Trump, who has been accused of sexual misconduct by more than two dozen women, has been held legally responsible for sexual assault. And it adds fresh tarnish to the former president’s reputation as he seeks to regain the White House amid a tide of legal troubles.

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    #Read #full #jury #verdict #form #Jean #Carroll #defamation #trial
    ( With inputs from : www.politico.com )

  • Documentary row: Delhi court summons BBC, others on defamation complaint

    Documentary row: Delhi court summons BBC, others on defamation complaint

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    New Delhi: A Delhi court on Wednesday issued summonses to the BBC, Wikimedia and Internet Archive on a criminal complaint filed by a BJP leader seeking to restrain them from publishing a documentary on the 2002 Gujarat riots, or any other material defamatory to the RSS and Vishva Hindu Parishad (VHP).

    The complainant had said the BBC documentary “India: The Modi Question” has defamed organisations like the BJP, RSS and VHP.

    The court was told that though the documentary has been banned by the government, a Wikipedia page dedicated to the series provides links to watch it and that the content is still available on Internet Archive.

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    Wikimedia Foundation funds Wikipedia while Internet Archive is a US-based digital library.

    “Issue summons of the suit for settlement of issues to the defendant (BBC, Wikimedia and Internet Archive),” Additional District Judge (ADJ) Ruchika Singla said, posting the matter for May 11.

    Complainant Vinay Kumar Singh said he is a state executive committee member of the Jharkhand BJP and an active volunteer of the RSS and VHP. He claimed the BBC documentary defamed organisations like the RSS, VHP and the BJP.

    The complainant sought a direction to the BBC and other respondents “to tender an unconditional apology” to him and the RSS and VHP “for the libellous and defamatory content published in the two volume documentary series.

    “Pass a decree of damages of Rs 10 lakh in favour of the plaintiff and against the defendants,” it further urged the court.

    It claimed that the allegations made against the RSS and VHP were motivated by a “malicious intent to defame the organisations and its millions of members/ volunteers”.

    “Such unfounded allegations are not only baseless but also have the potential to damage the reputation and image of the RSS, VHP and its millions of members/ volunteers, who have committed themselves to upholding the cultural, social and national values of India,” it said.

    The complaint stated the release of the documentary has generated an atmosphere of terror and fear among members of various groups, and possesses the potential to trigger violence and jeopardize public order across the nation yet again.

    It alleged that the BBC “strategically and purposefully disseminated unfounded rumours without verifying the authenticity of the claims”.

    Furthermore, the accusations made therein foster animosity between multiple faith communities, in particular Hindus and Muslims, it claimed.

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    #Documentary #row #Delhi #court #summons #BBC #defamation #complaint

    ( With inputs from www.siasat.com )

  • Musk settles defamation suit brought by Indian-American Sikh

    Musk settles defamation suit brought by Indian-American Sikh

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    New York: Tesla CEO Elon Musk has agreed to pay $10,000 to settle a defamation case brought against him by Indian-American Sikh critic and independent researcher, Randeep Hothi.

    Hothi, a doctoral student in Asian Languages and Cultures at the University of Michigan, had filed a defamation case against Musk in 2020, alleging that the billionaire businessman falsely accused him of actively harassing and “almost killing” Tesla employees.

    Following a lengthy and hard-fought litigation, in March 2023, Musk asked Hothi to settle the case.

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    “This case was about taking a stand, not seeking fame or money. I feel vindicated,” said Hothi, announcing that he accepted Musk’s settlement offer in a statement.

    “I brought this case to defend my work, clear my name, and send a message… I believe I’ve accomplished that, thanks in no small part to Musk, whose own behaviour over the last year has highlighted the need to scrutinise his every word and deed.”

    D. Gill Sperlein, one of Hothi’s lawyers, said: “Last year, Musk famously promised that he would never ‘settle an unjust case’. Yet, he has asked Hothi to accommodate him. We welcome Musk’s belated acknowledgment that this case was just.”

    Hothi locked horns with Tesla after he created the @skabooshka Twitter account where he fact-checked Musk and his company’s published claims regarding the electric vehicle manufacturer’s automation, technology and production processes.

    Beginning in 2018, Hothi, donning the role of a social activist, observed Tesla’s production at its Fremont, California-based factory.

    He also documented the construction of Tesla’s Model 3 assembly line tent, sharing photos of his Twitter followers.

    In April 2019, Tesla sought a restraining order against Hothi, alleging that the latter struck an employee with his car in a Tesla factory parking lot — an accusation that Hothi vehemently denied.

    When Hothi and his legal team successfully obtained a court order requiring Tesla to hand over video evidence of the alleged encounter, Tesla abruptly dropped its lawsuit in July 2019.

    Yet the following month, Musk e-mailed a reporter accusing Hothi of “actively harassing” and “almost kill(ing)” Tesla employees.

    That remark was later published and amplified to hundreds of thousands of people on Twitter.

    Musk’s accusations prompted an outpouring of public support for Hothi, including from whistleblowers, researchers, journalists, and critics.

    In August 2020, represented by Sperlein, Hothi filed a defamation lawsuit against Musk based on his remarks.

    Musk attempted to dispose of the case by arguing that his accusations were protected speech and hence should be dismissed under California’s anti-SLAPP law.

    In January 2021, the trial court rejected Musk’s arguments, holding that Hothi “has demonstrated the probability that he can succeed on the merits of his claim” because Musk’s remarks were tantamount to an accusation of crime, and thus legally constituted defamation per se.

    Hothi accepted Musk’s settlement offer on April 30, and is expected to request dismissal of the case on May 1, pursuant to the terms of the settlement agreement.

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    #Musk #settles #defamation #suit #brought #IndianAmerican #Sikh

    ( With inputs from www.siasat.com )

  • Defamation case: No interim relief for Rahul as Guj HC reserves order on revision plea

    Defamation case: No interim relief for Rahul as Guj HC reserves order on revision plea

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    Ahmedabad: The Gujarat High Court on Tuesday reserved its orders in the revision plea filed by Congress leader Rahul Gandhi in connection with his conviction in a defamation case that subsequently led to his disqualification as a Member of Parliament.

    Rahul Gandhi had appealed to the Gujarat High Court for an interim stay of his conviction until the court pronounced its order on his petition.

    However, the single judge hearing the case, Justice Hemant Prachchhak, has postponed his decision until after the summer vacation, which ends on June 4.

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    On April 29, Rahul Gandhi’s lawyer — Abhishek Manu Singhvi, also a Congress leader, argued in the court that his client had not committed any heinous crime or an offence involving moral turpitude, which are the two tests for denying suspension of conviction.

    The case stems from a 2019 rally in Kolar, Karnataka, where Rahul Gandhi had said, “Nirav Modi, Lalit Modi, Narendra Modi. How come all the thieves have ‘Modi’ as a common surname?”

    This remark led to a criminal defamation case being filed against him by Surat BJP legislator, Purnesh Modi.

    Gandhi had been sentenced to two years in jail by a Surat court, leading to his disqualification as a Member of Parliament.

    During the previous hearing, Justice Prachchhak had emphasised that Rahul Gandhi, being an elected representative of the people, should have been more cautious while making statements.

    Singhvi had argued that the maximum punishment for a bailable, non-cognizable offence of two years could result in his disqualification, leading to a “very serious additional irreversible consequence to the person and the constituency he represents”.

    Earlier this year, the Sessions Court in Surat had dismissed Rahul Gandhi’s plea seeking suspension of his conviction by the Magistrate court, stating that his disqualification would not result in an irreversible loss to him.

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    #Defamation #case #interim #relief #Rahul #Guj #reserves #order #revision #plea

    ( With inputs from www.siasat.com )

  • Defamation suit against Subramanian in Singapore: Madras HC clears way for firm

    Defamation suit against Subramanian in Singapore: Madras HC clears way for firm

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    The Madras High Court has cleared the way for Advantage Strategic Consulting, a private firm, to proceed with a defamation suit against former Union Law Minister Subramanian Swamy in the High Court of Singapore. The court has set aside an injunction granted against the firm in 2014, citing lack of jurisdiction as the reason behind the current order.

    The division bench of Justices SS Sundar and PB Balaji has stated, “In view of our above findings on all the issues, we are of the view that there is no prima facie case in favour of the 1st respondent/plaintiff (Swamy) to grant any interim order as this Court has no jurisdiction to grant anti suit injunction restraining a foreign company from prosecuting the defamation suit in a foreign country. We find balance of convenience in favour of the appellant/2nd defendant (Advantage Strategic)”.

    The judges said that the earlier single judge’s verdict was based on the fact that the appellant company is a subsidiary of Advantage Strategic Consulting Private Limited based in Chennai.

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    Citing the Supreme Court’s order, the Madras HC said that despite being fully owned by a parent or holding company, a subsidiary would not lose its identity as a separate legal entity.

    “Therefore, we are convinced that the appellant, a foreign company, even though fully owned by the 1st defendant is not amenable to the jurisdiction of this court…The judgment of the learned single judge cannot be approved for the simple reason that he has simply presumed that the appellant is amenable to the jurisdiction of this court as it is a subsidiary of the 1st defendant, an Indian company,” the judgment added.

    In the court, Dr. Subramanian Swamy appeared along with Advocate R Ravi. On behalf of Advantage Strategic, senior Advocate Satish Parasaran and Advocate Rahul Balaji have appeared.

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    #Defamation #suit #Subramanian #Singapore #Madras #clears #firm

    ( With inputs from www.siasat.com )

  • Defamation case lodged against Siddaramaiah for statement on Lingayats

    Defamation case lodged against Siddaramaiah for statement on Lingayats

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    Bengaluru: A defamation case was lodged on Tuesday against Karnataka’s Leader of Opposition Siddaramaiah over his alleged statement on corruption practised by Lingayat Chief Ministers in the state.

    Activist Shankar Sait had lodged a private complaint with the Magistrate court in Bengaluru in this regard. The court had adjourned the matter to April 29, after accepting the petition.

    A complaint had also been registered against the Congress leader with the Election Commission in this regard already. The statement that Lingayat CMs indulged in corruption and destroyed the state has stirred a controversy ahead of the May 10 Assembly elections.

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    The BJP has also made it a big poll issue in the state and used it as a weapon to control the damage caused by the exit of former Chief Minister Jagadish Shettar and Deputy Chief Minister Laxman Savadi.

    The Lingayat Yuva Vedike Legal Cell, which had lodged a complaint with the Election Commission, claimed that Siddaramaiah had insulted the Lingayat community and defamed it.

    Siddaramaiah had clarified that he meant to say Chief Minister Basavaraj Bommai, who is the present CM, is indulged in corruption and destroyed the state and he didn’t mean to comment about others.

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    #Defamation #case #lodged #Siddaramaiah #statement #Lingayats

    ( With inputs from www.siasat.com )

  • Sahil Khan booked for threats, defamation of Mumbai fitness enthusiast

    Sahil Khan booked for threats, defamation of Mumbai fitness enthusiast

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    Mumbai: The Mumbai Police have booked controversial actor Sahil Khan, and a suspected accomplice — this time for allegedly threatening a woman fitness enthusiast and posting defamatory content on social media, officials said here on Wednesday.

    The Amboli Police Station has lodged a FIR against Sahil Khan and a woman named Matilda, under various sections of the Indian Penal Code.

    The complainant, a lady residing in the posh Oshiwara, said that she had a quarrel with the accused woman, Matilda over some monetary matters in February, after which she and Sahil Khan allegedly abused and threatened her.

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    Following the complaint, the Oshiwara Police registered a FIR and are probing the matter further, though no arrests have been made so far.

    Earlier, Sahil Khan had been booked for harassing a fitness model in September 2021, and alleged abetment to the suicide attempt by fitness trainer and bodybuilder Manoj Patil, extortion, and other things.

    A Kolkata-born fitness entrepreneur, Sahil Khan has acted in hit films like “Style”, “X’Cuse Me”, “Aladdin”, “Ramaa: The Saviour”, several music videos and runs a popular YouTube fitness channel.

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    #Sahil #Khan #booked #threats #defamation #Mumbai #fitness #enthusiast

    ( With inputs from www.siasat.com )

  • Fox News reaches $787.5 million settlement in Dominion’s defamation lawsuit

    Fox News reaches $787.5 million settlement in Dominion’s defamation lawsuit

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    WILMINGTON, Del. — Fox News agreed to pay $787.5 million to Dominion Voting Systems to settle a defamation lawsuit over false elections claims, Dominion’s lawyers said Tuesday.

    The voting machine company accused the conservative network of deliberately spreading bogus conspiracy theories about its products after the 2020 election in a bid to win back viewers. Dominion’s lawsuit had asked for $1.6 billion in damages before the two sides reached the last-minute settlement after a jury had been selected and as the trial was about to begin.

    “The truth matters. Lies have consequences,” Dominion attorney Justin Nelson said outside the courthouse. “Over two years ago, a torrent of lies swept Dominion and election officials across America into an alternative universe of conspiracy theories, causing grievous harm to Dominion and the country.”

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    #Fox #News #reaches #million #settlement #Dominions #defamation #lawsuit
    ( With inputs from : www.politico.com )

  • Aaditya, Sanjay Raut oppose defamation plea filed by Maharashtra MP in Delhi HC

    Aaditya, Sanjay Raut oppose defamation plea filed by Maharashtra MP in Delhi HC

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    New Delhi: Shiv Sena (Uddhav Balasaheb Thackeray) leaders Aaditya Thackeray and Sanjay Raut on Monday opposed before the Delhi High Court a defamation plea filed against them by Maharastra MP Rahul Ramesh Shewale for allegedly levelling frivolous corruption charges against him and the Eknath Shinde-led Shiv Sena faction.

    While Raut’s counsel submitted that they have a right to criticise in a democratic space, former Maharashtra minister Aaditya Thackeray said there was nothing slanderous about the political statements made by him.

    Pursuant to an earlier high court order, former Maharashtra chief minister Uddhav Thackeray, his son Aaditya Thackeray and Rajya Sabha member Sanjay Raut made their appearances in the court through their respective lawyers.

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    The three defendants filed their replies to the plaintiff’s application seeking an interim relief to remove the alleged defamatory content from social media platforms.

    Justice Prateek Jalan listed the suit for the completion of the pleadings before the joint registrar on May 10.

    During the hearing, senior advocate Devdutt Kamat, appearing for Raut, said for the first time in the history of common law, a political party is suing for defamation.

    He claimed that the plaint was not maintainable and it was an attempt to gag free speech.

    “Is it that in a democratic space there can’t be any criticism?” the counsel asked and said there was no question of any interim relief to be given to the plaintiff.

    To this, the judge said, “We will see what is the nature of the criticism. We will see what the statements are and surely, I have due regard for freedom of speech.”

    The high court issued summonses to Uddhav Thackeray, Aaditya Thackeray and Raut on March 28 and asked them to file their written submissions within 30 days.

    It had also asked Google and Twitter to file their written statements within 30 days on the plea.

    In his reply to the application for interim relief, Aaditya Thackeray said it is a regular practice for politicians to comment upon each other’s conduct in a political discourse and as a public figure, the plaintiff ought to take the “bouquets as well as brickbats” and that “public figures cannot be allowed to be thin-skinned as it would entirely stifle all criticism of them”.

    “The entire suit is nothing but a malicious attempt at clamping down on free political speech, which ought not to be permitted by this court. It is submitted that the allegedly slanderous statements made by defendant no. 3 (Aaditya Thackeray) are nothing but political speech and the same is protected under the right to freedom of speech under the Constitution of India,” the reply filed through advocate Naman Joshi stated.

    It said the plaintiff has filed the suit in his personal capacity and not as an office-bearer of either his own political party — Shiv Sena (Shinde faction) — or the Election Commission and has made no whisper as to how he, his party or the EC has been defamed and in whose eyes.

    Shewale was represented in the court through senior advocate Rajiv Nayar and lawyer Utsav Trivedi.

    In the suit, Shewale has sought a permanent injunction and damages against the defendants on account of alleged false, malicious and unsubstantiated allegations levelled and circulated on social media platforms and other offline and online media.

    He has said the allegations are libellous, unfounded and misconceived and tainted with collateral objectives, which were made knowingly and deliberately to harm the dignity of the plaintiff and his political party.

    “The present plaint demonstrates that the defendant nos 1 to 3 have conspired with each other and with other unknown individuals or organisations to launch a series of scathing and belligerent attacks against the plaintiff and the political party which the plaintiff belongs to, that is, Shiv Sena, with the oblique motive to malign, defame and injure the plaintiff’s reputation, based on a series of blatant falsehoods and gross misrepresentations,” the plea has said.

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    ( With inputs from www.siasat.com )

  • Varun Gandhi files defamation suit against man for comment on Sanjay Gandhi

    Varun Gandhi files defamation suit against man for comment on Sanjay Gandhi

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    Pilibhit: BJP leader Varun Gandhi on Saturday filed a defamation case in a local court here against a Varanasi man for allegedly making derogatory remarks on his father on Twitter.

    The Pilibhit MP on Saturday came to the court premises with three advocates around 3 pm and filed a defamation case before Additional Chief Judicial Magistrate (II) Abhinav Tiwari.

    The court recorded his statement and fixed April 25 as the next date for hearing, an advocate said.

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    Gandhi in the complaint said that his father Late Sanjay Gandhi was a well known politician of the country and he was respected all over the country and still is today.

    He told the court that on March 29, 2023, Vivek Pandey, a resident of Bhojubir of Varanasi district, had made indecent remarks against Sanjay Gandhi through his social media Twitter @vivekkumar IND.

    According to Gandhi, the accused identified himself as the General Secretary of Nationalist Hindu and Kisan Morcha.

    Gandhi also said that he was informed about the tweet by the general public during his visit to Bilsanda in Bisalpur area.

    The court passed the order to register Gandhi’s complaint and recorded his statement of MP Varun Gandhi posting the matter on April 25.

    “If anyone makes derogatory remarks on my father or any elder, I will definitely take legal action against him so that people can learn a lesson. And whatever decision the court takes, it will be accepted,” Gandhi said.

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    #Varun #Gandhi #files #defamation #suit #man #comment #Sanjay #Gandhi

    ( With inputs from www.siasat.com )