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Whether the defendant proves that the statements are false and have inaccurate
insinuations
“Tony and its people are a bunch of blood sucking parasites who have no humanity in
them. They are worse than leeches…scum of the earth! God save us from such greedy
opportunists who only value money above all human emotions”
As for the plaintiff's statements, they are false and have inaccurate insinuations, as the
defendant had only acted within its duty of care, and the plaintiff's statement has
inadvertently caused the defendant's business to lose a lot, even though it was unaware
of the circumstances. The remarks through the tweet made by the plaintiff in anger have
only enhanced her public recognition, as the plaintiff's mistake would keep her from
working in the film industry.

Through clever tactics, the plaintiff had gained more sympathy and the same had
increased her popularity through deflaming the defendant.

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In its first ever case on Cyber Defamation in SMC Pneumatics (India) Pvt. Ltd. v. Jogesh Kwatra,
wherein a disgruntled employee sent derogatory, defamatory, vulgar and abusive emails to the
company's fellow employers and to its subsidiaries all over the world with an intent to defame the
company along with its managing director, the High Court of Delhi granted ex-parte ad interim
injunction restraining the defendant from defaming the Plaintiff in both the physical and in the
cyber space.

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In another case, M/S Spentex Industries Ltd. & Anr. vs. Pulak Chowdhary, the petitioner had
filed for a compulsory and prohibitory injunction along with the recovery of Rs. 50,00,000/ as
damages for loss of reputation and business due to defamatory emails sent by the defendant to
the International Finance Corporation, World Bank, President of Republic of Uzbekistan and
UZEREPORT (a news website portal and publisher of monthly news reports).

https://indiankanoon.org/doc/31110930/
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https://indiankanoon.org/doc/80844707/
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