ought to stay out of judging and leave the same to the Courts.
Analysis and findings
22.
The following issues, which have been raised by the parties, are being
decided at the prima facie stage:
1)
Mis-joinder / non-joinder of parties;
2)
Whether the content is defamatory;
3)
Whether the Defendants are intermediaries and if so, what
should be the form of injunction order that is to be passed?
1)
Mis-joinder / non-joinder of parties
23.
This objection has two dimensions. The first is the non-impleadment
of the publisher and the author of the book. The second is the nonimpleadment of the persons disclosed in the BSI.
24.
Insofar as the first objection is concerned, the book is not directly in
issue in the present case, though the offending videos is claimed to be
derived from the book. Insofar as the publisher / author of the book is
concerned, the Plaintiffs have already availed of their legal remedies against
them and a detailed judgment has already been passed by the ld. Single
Judge in CM(M) 556/2018. The subject matter of the present suit is the
offending video and other related content, which is derived from the book
and has been uploaded on various links on the Defendants‟ platforms. The
details of the said links have been annexed to the plaint and run into four
pages.
25.
Insofar as non-impleadment of the individuals who have uploaded
these videos and other allegedly offending content is concerned, a perusal of
the BSI which has been filed by the platforms shows that the information is
CS (OS) 27/2019
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