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 Page 15 of 76

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