This is the first judgment in India to explicitly hold that “liking” a social media post can amount to republication for the purposes of defamation law. It underscores the legal risks of online engagement and the responsibilities of public figures in amplifying content
Case Note: Abhijit Iyer Mitra v. Dushyant Arora & Anr., CS No. 886/2019, Judgment dated 08.09.2025 (Patiala House Courts, New Delhi)
Facts
Abhijit Iyer Mitra, a defence analyst, filed a suit for damages and injunction against lawyer Dushyant Arora (Defendant No. 1) and NDTV anchor Gargi Rawat (Defendant No. 2) alleging defamation. The dispute arose after Arora tweeted that Mitra had been accused of rape and engaged in hate speech. Rawat subsequently “liked” this tweet. Mitra sought damages of ₹20 lakh and removal of the defamatory content.
During proceedings, Arora settled with Mitra, issued a public apology on Twitter, and was dropped from the suit. The case continued against Rawat.
Issues
- Whether the plaintiff had a surviving cause of action against Defendant No. 2 after settlement with Defendant No. 1.
- Whether a mere “like” on Twitter constitutes publication/republication of defamatory content.
- Whether the plaintiff was entitled to damages and costs.
Arguments
- Plaintiff: Argued that “liking” a tweet amounts to republication and thereby defamation. Relied on Delhi High Court precedents holding republication to be equivalent to publication. Claimed reputational harm despite no financial loss.
- Defendant No. 2 (Rawat): Argued that a “like” is not a republication and did not amount to defamation. Asserted no malice, no actual loss of reputation, and selective targeting, since many others had liked or retweeted the post.
Court’s Findings
- Cause of Action: The court held that the causes of action against Arora (original author) and Rawat (republisher by “like”) were distinct. Thus, withdrawal against Arora did not extinguish the claim against Rawat.
- Nature of ‘Like’: The court found that a “like” on Twitter at the relevant time (pre-2024) led to the post appearing on the user’s profile/timeline, making it accessible to third parties. Hence, it amounted to republication. The court emphasized that Rawat, being a public figure with a large following, widened the reach of the defamatory statement.
- Defamation: The allegation of rape was false and gravely defamatory. By “liking” the post, Rawat had endorsed and republished it. The defence of lack of intent or malice was immaterial.
- Damages: While defamation was proved, mitigating factors—Arora’s public apology, the relatively indirect nature of republication via a “like,” and Mitra’s own controversial online presence—led the court to award only nominal damages of ₹10,000. Rawat was also directed to bear one-fourth of the litigation costs and delete the tweet if still visible.
Significance
This judgment is significant as it is one of the first in India to explicitly hold that “liking” a social media post can amount to republication for the purposes of defamation law. It underscores the legal risks of online engagement and the responsibilities of public figures in amplifying content.
Endnotes (Case Law References)
- Raghav Chadha v. State & Ors., MANU/DE/3314/2017 (Delhi HC) – Held that retweeting defamatory content amounts to publication.
- Gurmit Singh Bhatia v. Kiran Kant Robinson & Ors., AIR 2019 SC 3577 – Clarified that settlement with one defendant does not preclude action against others involved in defamation.
- Major General M.S. Ahluwalia v. Tehelka.com & Ors., MANU/DE/4662/2002 (Delhi HC) – Established that proof of actual financial loss is not necessary in defamation.
- Vidhyadhar v. Manikrao, AIR 1999 SC 1441 – On adverse inference when a party fails to enter the witness box.
- Ruchi Kalra v. Slowform Media (P) Ltd., 2025 SCC OnLine Del 1894 – On publication and republication in defamation.
- Harbhajan Singh v. State of Punjab, AIR 1966 SC 97 – Affirmed liability for republication of defamatory material.
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