The Delhi High Court ('DHC'), recently in the case of ANI Media Pvt Ltd v. Mohak Mangal & Ors.,1 examined the interplay between copyright and trademark infringement, defamation, fair dealing and right to free speech. The dispute arose after YouTuber Mohak Mangal published a video criticising ANI's copyright strike practices on the YouTube platform, alleging that ANI was misusing YouTube's 'three-strike' policy to pressure creators into purchasing expensive subscriptions in exchange of removing the copyright strike. ANI responded with a defamation suit, seeking removal of allegedly disparaging content as well as alleged trademark infringement.
The DHC in its Order dated May 29, 2025, directed Mohak Mangal to place the impugned video in private mode and remove specific objectionable portions of the impugned video, including portions where terms such as 'hafta vasooli' and 'gunda raaj', were used, before reposting the video. The DHC also ordered the takedown of certain social media posts by other defendants, finding them prima facie defamatory and likely to harm ANI's reputation. The DHC emphasised that while criticism is permissible, it must be expressed in a civilised manner.
The case has reignited debate on the copyrightability of news footage, the scope of fair dealing and de minimis use, and the potential for copyright law to be used to suppress independent critique and commentary. The matter is next listed for hearing on September 8, 2025, and is expected to have significant implications for content creators, news agencies, and digital free speech in India. Meanwhile, the petitioner has filed an application for transfer of the matter to the intellectual property division of the DHC which is pending consideration before the Hon'ble Chief Justice of DHC.
Footnote
1 ANI Media Pvt Ltd v. Mohak Mangal & Ors, CS(COMM) 573/2025.
Originally published 29 July 2025
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