On March 12, 2025, Justice Subramonium Prasad of the Delhi High Court issued an order in response to a defamation suit filed by Isha Foundation against Singh. The suit claimed that Singh’s video, uploaded on February 24, contained defamatory allegations against the foundation and its founder. Justice Subramonium Prasad’s order mandated the removal of Singh’s video titled “Sadhguru EXPOSED: What’s happening in Jaggi Vasudev’s Ashram” from all social media platforms, including YouTube, X, and Meta, and restrained him from further disseminating it. Additionally, the order went beyond restricting Singh’s actions by barring members of the public from uploading the video elsewhere. The sweeping nature of this directive sets a significant precedent, raising concerns about the extent to which courts can dictate online content moderation before a final adjudication on the merits of the case.
The recent order of the Delhi High Court directing YouTuber Shyam Meera Singh to remove his video critical of Isha Foundation and its founder, Sadhguru Jaggi Vasudev, raises significant questions about the balance between free speech and the right to reputation. The court’s decision, passed as an ex-parte ad-interim order without providing Singh an opportunity to present his case, highlights the increasing use of defamation laws to curtail criticism and investigative reporting.
The court directed Google LLC (YouTube), X Corp, and Meta to remove the video from their platforms. Singh was further restrained from sharing or publishing the video in any form, and the court went a step further by barring the general public from re-uploading it. This sweeping injunction raises concerns about the breadth of judicial power in restricting digital content before a full trial.
The order states “Defendant No.4, his associates, servants, agents, affiliates, assignees, substitutes, representatives, employees and/or persons claiming through him [are restrained] from creating, publishing, uploading, sharing, disseminating, etc., the defamatory videos.”
The court justified its decision by stating that Singh’s video was based on “unverified material” and that its title was “clickbait to attract public attention.” It also noted that the video directly impacted the reputation of the Isha Foundation and its founder, stating that allegations of improper practices at the ashram harmed their public standing. However, Singh’s response highlights a procedural issue: he was only served with a copy of the defamation suit after the order had already been passed, denying him the chance to contest the allegations before the injunction was issued.
Justice Prasad also observed that Singh had made social media posts to promote the video before uploading it. The Court pointed out the need to balance free speech with the right to reputation. The order stated that “It is well settled that reputation is an integral part of the dignity of each individual and there is a need to balance between freedom of speech and freedom of expression vis-a-vis the right to reputation which has been considered as a part of the right to life under Article 21 of the Constitution of India. The video does have a direct impact on the reputation of the founder of the Plaintiff/Trust.”
The order may be viewed here.
Ex-parte orders and the right to be heard
Singh, in his response to the court order, pointed out that he was served a copy of the defamation suit only after the order had already been passed.
A statement on behalf Meera said, “…Hon’ble High Court has passed the ex parte (without giving an opportunity of hearing) ad-interim order directing that the said video be taken down. The order has been complied with. It is categorically stated that Shyam Meera Singh has been served with the copy of the suit, only after the said order was passed.”
“The said ex parte ad- interim order prima facie appears to be arbitrary and not in consonance with law. Therefore, Shyam Meera Singh is exploring all the legal remedies available before him,” it further said.
I came to know through the media that yesterday, the Hon’ble High Court passed an interim order to take down my video. I was not served with any notice nor provided with any information about this hearing. Further, I was not given an opportunity to present my side in the court. I…
— Shyam Meera Singh (@ShyamMeeraSingh) March 13, 2025
Statement on behalf of @ShyamMeeraSingh pic.twitter.com/9xtQtQrGza
— Mayank Yadav (@imayankyadav) March 12, 2025
This raises a crucial issue: the principle of audi alteram partem, which guarantees the right to be heard before an adverse order is issued. While courts can grant ex parte relief in exceptional cases where immediate harm is evident, it is difficult to see how this case justified such urgency. The Isha Foundation’s claim that the video was uploaded two days before Maha Shivratri to create a public controversy does not, in itself, establish the kind of imminent harm that would warrant bypassing Singh’s right to respond.
Defamation cases, particularly those involving public figures or organisations of significant influence, require careful judicial scrutiny. Courts have historically recognised that public figures are subject to higher levels of criticism and scrutiny. In this case, the Isha Foundation is a well-known institution with considerable public influence, making it all the more important for the judiciary to ensure that Singh’s right to critique its activities is not unduly curtailed.
Balancing reputation and free speech
The court’s rationale—that the video’s contents “directly impinge upon the reputation of the Plaintiff in the eyes of the general public”—raises broader concerns about how defamation laws are applied. Reputation is undoubtedly a significant right, but it must be weighed against the fundamental right to freedom of speech and expression, especially when the subject matter concerns public interest.
In India, the Supreme Court has repeatedly affirmed that the right to reputation, while important, cannot be used to shield public figures from criticism. In Subramanian Swamy v. Union of India (2016), the Court upheld criminal defamation but also emphasised that the right to reputation should not be invoked to silence fair criticism. The present case, however, suggests a broad interpretation of defamation that could have a chilling effect on investigative reporting and critical journalism.
Implications for digital journalism and public discourse
This is not the first instance of judicial intervention affecting Singh’s content. In January 2025, the Delhi High Court ordered him to remove a video about Dera Sacha Sauda chief Gurmeet Ram Rahim Singh, citing prima facie defamation. In that case, however, the court allowed Singh to upload a new video with a disclaimer stating that its contents were sourced from a trial court judgment and a book. The difference in approach between the two cases underscores the need for clear judicial guidelines on how courts handle online defamation claims.
The broader concern is the potential chilling effect on digital journalism. If courts continue to grant takedown orders before assessing the validity of defamation claims, independent journalists and content creators may become hesitant to investigate or report on powerful figures and institutions. Such orders, even if later reversed, can discourage critical reporting due to the financial and legal burdens involved.
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