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Welcome to the world of Mediatopia, a place where media rules all.

1. Mediatopia is a technologically advanced society where media companies are the most
powerful entities in the world. They possess enormous assets, influence, and control over
almost every aspect of daily life. They mould public opinion, control the flow of
information, and have a say in the formulation of government policies.

2. A world in where technology is employed to improve and streamline all aspects of


existence. People awake to customised news streams and entertainment channels based
on their tastes and interests. AI algorithms analyse massive quantities of data on people's
behaviour, interests, and online activities to give them material that will pique their
interest and keep them interested.

3. The credit of this hegemony of media can be granted to the vast and rapid evolution in
the technological centre. With the arrival of smartphones, the world is in reach of the
laymen and the laymen are not far away from the chokehold of media. The tech
companies brought in several innovations in smartphones to include various hi-tech
features like face unlock, biometric scanner, artificial intelligence to name a few that
make these devices a tool for boosting productivity. On account of better quality at
affordable rates, demand for smartphones has increased tremendously and led to a fierce
competition between tech-companies. Smartphones have also become a status symbol in
society.

4. In Mediatopia, lie two dominant tech companies with equal share in the market.
Arkinator, generally known for its expensive products and their mobile phones having
their own unique interface running on a world class processor chip. And, Contra, whose
phones run on the Gryzor operating system. Contra phones are known for having large
display for excellent entertainment experience and a very well optimised battery life.

5. Owning to the fact that media companies wanted the cititzens of Mediatopia under their
watch, they got various minor tech companies to mass produce mobile phones. Which
resulted in some of these minor companies producing cheap and subpar quality of phones
running on Gryzor operating system.

June 2023
6. For the second time in 2023, Arkinator unveiled a new version of the Crimphone. First
one being in March. This was rare for any tech business. This event was watched with
interest by millions of people in Mediatopia and around the world. At the time of its
release, Arkinator touted this new series of Crimphones as "the best among them all
becoming even better."

7. Following the launch, there was an opportunity for attendees to have a look at the new
Crimphones. However, one of the Arkinator presenters at the event started comparing the
Crimphones to other, unnamed devices running on the Gryzor operating system and
claimed, "these plastic phones are cheap and not worth a penny." He also called people
who don't utilise Crimphones "luddites." Unknowingly, Arkinator's camera crew caught
this and uploaded this on Jewtube, and other Jewtubers shared it extensively online.

July 2023
8. About a month after the event of Arkinator, a TV commercial was aired by Contra. The
TV commercial was of 30 seconds made up of 2 short films of 10 and 20 seconds
respectively.

9. The 1st short film successively shows use of phones in different terrains and portrays
how Contra phones are water resistant, dust proof and “the better ones in the market”.
The second short clip depicted the routine of a corporate Contra user floating about his
day easily linking to other devices such as laptops, phones, and so on with jellytooth
capability and presenting a large global family where everyone is under one umbrella.
Immediately following this, a miserable person carrying an unidentifiable phone is shown
who is having difficulty accomplishing the same activities, and the commercial closes
with his phone receiving an "update" notification, with the man screaming "Not again!"
Finally, with a drum roll and cymbal boom, the words "With us, you won't have to buy a
phone on every update" were flashed.

August 2023
10. A few weeks after Contra's commercial cycle ended, Arkinator published its own TV
advertisement, illustrating a confused and disordered man in professional clothes,
burdening on his head and slanting on his shoulder, a phone the size of an average plasma
screen TV, struggling to make his way to his place of work, irritating everyone on the
way, and finally the TV catching fire. Arkinator makes a remark and concludes the
commercial by saying, "Our phones don't explode." "Use Crimphones for increased
speed, convenience, and productivity."

11. Interestingly, 5 months ago, a user on Litter.com posted about the explosion of his brand
new Contra smartphone which caused a lot of buzz in the tech community of Mediatopia.
After the inquiry, it was found out that there was a latent defect in the battery which
caused the blast.

12. There was no substantial change noted in the market share of these companies. Arkinator
filed a Suit against Contra for its TV Commercial and Contra filed a counter claim
against Arkinator for the Jewtube event and TV Commercial aired by Arkinator; wherein
both the parties are inter alia claiming perpetual injunction, and compensation. Suit as
well as counter claim has been taken up by the Tomboy High Court and the case is
pending for final hearing.

Issues:
A. Whether Contra’s advertisments constitute defamation and disparagement under tort law,
entitling the plaintfff to compensation for the resulting damage.
B. Whether the video uploaded by Arkinator on Jewtube and advertisements aired by them
on TV amounts to commercial disparagement?
Rules:
Defamation and Disparagement are both recognized torts in the world of Mediatopia.

Defamation occurs when someone makes a false statement that harms a aperson’s reputation,
causing them to suffer damage to their standing or lilvelihood.

Disparagement, also known as trade libel, occurs whens someone makes false statements about a
product or service that harms the reputation of the company or product, causing damage to their
business.

Note: The laws of Mediatopia are pari materia to the laws of India.

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