TEAM CODE: 06

IN THE HON’BLE SUPREME COURT OF ARESSIA, AT AHALI CITY,

ARESSIA

Writ, Original and Civil Appellate Jurisdiction

Civil Appeal No.___ of 2014

IN THE MATTER BETWEEN

Two Aressian States & Others ….Appellants

v.

Union Of Aressia ….Respondents

MEMORANDUM ON BEHALF OF THE RESPONDENTS

[This Memorandum has been prepared for Respondents: Union of Aressia.]

 7th HIDAYATHULLAH MEMORIAL NATIONAL MOOT COURT COMPETITION, 2014

TABLE OF CONTENTS

TABLE OF CONTENTS..................................................................................................................

LIST OF ABBREVIATIONS............................................................................................................

INDEX OF AUTHORITIES.............................................................................................................

CASES...........................................................................................................................................

BOOKS..........................................................................................................................................

INTERNATIONAL TREATIES AND CONVENTIONS AND STATISTICAL RECORDS....

STATUES REFERRED................................................................................................................

STATEMENT OF JURISDICTION.................................................................................................

STATEMENT OF FACTS................................................................................................................

STATEMENT OF ISSUES...............................................................................................................

SUMMARY OF ARGUMENTS.......................................................................................................

ARGUMENTS ADVANCED...........................................................................................................

ISSUE TWO..................................................................................................................................

ISSUE THREE..............................................................................................................................

ISSUE FOUR.................................................................................................................................

PRAYER............................................................................................................................................

2
Memorial on the behalf of the Respondent
 7th HIDAYATHULLAH MEMORIAL NATIONAL MOOT COURT COMPETITION, 2014

ABBREVIATIONS

¶ : Paragraph

3
Memorial on the behalf of the Respondent
 7th HIDAYATHULLAH MEMORIAL NATIONAL MOOT COURT COMPETITION, 2014

INDEX OF AUTHORITIES

CASE LAWS

BOOKS

STATUES REFERRED

4
Memorial on the behalf of the Respondent
 7th HIDAYATHULLAH MEMORIAL NATIONAL MOOT COURT COMPETITION, 2014

STATEMENT OF JURISDICTION

The petitioner humbly submits this memorandum for the petition filed before this honorable
court. The petition invokes its writ jurisdiction under article 32 of the constitution of India. It sets
forth the facts and the laws on which the claims are based.

The petitioner humbly submits this memorandum for the petition filed before this honorable
court. The petition invokes its write jurisdiction under article 32 of the constitution of India. It
sets forth the facts and the laws on which the claims are based.

5
Memorial on the behalf of the Respondent
 7th HIDAYATHULLAH MEMORIAL NATIONAL MOOT COURT COMPETITION, 2014

STATEMENT OF FACTS

The State of Tempt is a diverse and resource-rich country with a strong economy, ranking among
the top 5 in the world. Its central government is elected through General Elections every 5 years,
through Universal Adult Franchise. Mrs. Aaku, a respected politician, belongs to the 'AHTMH'
or 'AM' party, a well-established national party. She comes from a family of politicians and
played a significant role as a minister in a coalition government until 2014.
In the 2019 general elections, the AM Party lost, and The Grand Party secured a majority,
forming the central government. Unfortunately, Mrs. Aaku lost her long-held seat in the State of
Gari, specifically in the "Amaze" constituency. However, in 2021, a by-election was held in the
Amaze constituency due to the passing of the sitting MP, and Mrs. Aaku made a successful
comeback, winning comfortably.
Mrs. Aaku, Mrs. Naya, and Mr. Adi, the content head of "Sham" OTT, faced legal charges under
various sections of the Tempt Penal Code, 1860, and the Tempt Information Technology Act,
2000, for an episode that allegedly hurt the sentiments of the "Zoya community."
After their anticipatory bail applications were denied by the Sessions Court and the High Court
of Gari, they petitioned the Supreme Court of Tempt for bail, claiming lack of evidence.
Mrs. Aaku was later convicted of defamation in a trial concluding on February 8, 2023, and was
subsequently disbarred under Section 8(3) of the Tempt Representation of the People Act. The
People's Parliament Secretariat ordered her removal from office and vacating her official
residence on March 6, 2023.
She challenged the constitutionality of TRP Act provisions in the Supreme Court.
Mrs. Aaku, in an attempt to leverage her renewed popularity, participated in a comedy roast
series on the OTT platform "Sham," set to air on October 26, 2022. The promotional clips
generated significant interest but also sparked controversy. During the show, Mrs. Aaku made a
joke that offended the "ATI" community, leading to a viral social media backlash with hashtags
like #banMrs.Aaku and #DeleteEpisode4. A legislator, Mr. Baskin ATI, filed a complaint under
Section 500 of the Tempt Penal Code, alleging defamation and hurt sentiments toward the "ATI"
community.
Additionally, another comedian, Mrs. Naya, mocked the "Zoya" religion by portraying herself as
a deity and engaging in obscene acts and gestures in the same episode as Mrs. Aaku. This led to
the registration of FIR 54/2022 in the State of Gari.
Mrs. Aaku, in an attempt to leverage her renewed popularity, participated in a comedy roast
series on the OTT platform "Sham," set to air on October 26, 2022. The promotional clips
generated significant interest but also sparked controversy. During the show, Mrs. Aaku made a
joke that offended the "ATI" community, leading to a viral social media backlash with hashtags
like #banMrs.Aaku and #DeleteEpisode4. A legislator, Mr. Baskin ATI, filed a complaint under
Section 500 of the Tempt Penal Code, alleging defamation and hurt sentiments toward the "ATI"
community.
Additionally, another comedian, Mrs. Naya, mocked the "Zoya" religion by portraying herself as
a deity and engaging in obscene acts and gestures in the same episode as Mrs. Aaku. This led to
the registration of FIR 54/2022 in the State of Gari.
On August 11, 2023, another video surfaced implicating Mrs. Aaku for allegedly inciting
violence during a diplomatic conference in the State of Gari. This led to charges under various

6
Memorial on the behalf of the Respondent
 7th HIDAYATHULLAH MEMORIAL NATIONAL MOOT COURT COMPETITION, 2014

sections, including 124A, 302, 353, and others of the Tempt Penal Code, as well as the Tempt
Prevention of Damage to Public Property Act, Arms Act, and the Tempt Unlawful Activities
(Prevention) Act.

Mrs. Aaku claimed the video was an AI-generated deep fake and requested it be labeled as "Fake
News" under the Tempt Information Technology (Intermediary Guidelines and Digital Media
Ethics Code), 2023. However, the Press Bureau declined to intervene, stating it was a criminal
matter.
Mrs. Aaku challenged the constitutionality of the TRP Act provisions in the Supreme Court.
Mrs. Aaku's anticipatory bail was denied in both the Sessions Court and High Court of Gari due
to concerns about public interest and integrity. She has now sought anticipatory bail from the
Supreme Court of Tempt. The Supreme Court has taken up the case, recognizing its significance
and set it for a final hearing on November 26, 2023.

7
Memorial on the behalf of the Respondent
 7th HIDAYATHULLAH MEMORIAL NATIONAL MOOT COURT COMPETITION, 2014

STATEMENT OF ISSUES

ISSUE 1: Whether Mrs. Aaku is guilty of defamation under TPC? Whether subsequent
conduct of elections under powers of section 151A of the TRP Act violates the law?

ISSUE 2: Whether Mrs. Aaku should be granted anticipatory bail in FIR No.54/2022 and
FIR No. 19/2023?

ISSUE 3: Whether under the Tempt Information Technology (Intermediary Guidelines

and Digital Media Ethics Code), 2023 Fake news guidelines can the person be arrested for a
deepfake video? Whether the fact-checking unit for fake news justified in denial of the
removal of news?

ISSUE 4: Whether the Amendment places a fetter on the right to freedom of speech and
expression. Whether the unilateral power of the executive under Section 35 of the TUAP
Act to categorize an individual as a Schedule IV offender against the settled principles of
law?

8
Memorial on the behalf of the Respondent
 7th HIDAYATHULLAH MEMORIAL NATIONAL MOOT COURT COMPETITION, 2014

SUMMARY OF ARGUMENTS

ISSUE ONE: Whether Mrs. Aaku is guilty of defamation under TPC? Whether subsequent
conduct of elections under powers of section 151A of the TRP Act violates the law?

ISSUE TWO: Whether Mrs. Aaku should be granted anticipatory bail in FIR No.54/2022
and FIR No. 19/2023?

ISSUE THREE: Whether under the Tempt Information Technology (Intermediary

Guidelines and Digital Media Ethics Code), 2023 Fake news guidelines can the person be
arrested for a deepfake video? Whether the fact-checking unit for fake news justified in
denial of the removal of news?

ISSUE FOUR: Whether the Amendment places a fetter on the right to freedom of speech and
expression. Whether the unilateral power of the executive under Section 35 of the TUAP
Act to categorize an individual as a Schedule IV offender against the settled principles of
law?

9
Memorial on the behalf of the Respondent
 7th HIDAYATHULLAH MEMORIAL NATIONAL MOOT COURT COMPETITION, 2014

ARGUMENTS ADVANCED

ISSUE ONE: Whether Mrs. Aaku is guilty of defamation under TPC? Whether subsequent
conduct of elections under powers of section 151A of the TRP Act violates the law?

It is humbly submitted before this Hon’ble Court that Reputation is one of the most important
assets of a human, as stated by jurist Blackstone, “Every community is entitled to have its
reputation preserved inviolate”. The ATI community in the present case, like any other
community of tempt is having the right of reputation.

Defamation is a public communication which tends to injure the reputation of another and an
individual has a right to protect his honor and reputation1. An individual is entitled to criticize,
but without touching the reputation and without exceeding the limits and bounds made by law,
since law would not permit anyone to use his freedom of speech or expression as to injure
another’s reputation or to indulge in what may be called as “character assassination”.2

In the present case the comment passed by Mrs. Aaku during the show “SHAM” while cracking
the joke “Oh, you belong to the surname “ATI”, do you also evade taxes and police.” roasted the
audience, in particular the ATI Community. As a result to IT created a negative impact on the
long lasting reputation of the community built over the years. A community's reputation is the
perception of the people. Reputation depends on opinion, and opinion is the main basis of
communication of thoughts and information amongst humans. The right of an individual to have
reputation was recognized by Supreme Court of Tempt in the matter of State of Bihar v. Lal
Krishna Advani which stated “reputation is an integral and important aspect of dignity of every
individual. The right to preserve one’s reputation is acknowledged as a right in rem”.3

In the present case, the comment passed by Mrs. Aaku was baseless as it was made with a malice
intention without any supporting evidence to it.

1
Ram Jethmalani v Subramanyam Swamy, 126 (2006) DLT 535. 7
2
Selvi J. Jayalalithaa & Anr. v. R. Rajagopal, AIR 2006 Mad 197
3

10
Memorial on the behalf of the Respondent
 7th HIDAYATHULLAH MEMORIAL NATIONAL MOOT COURT COMPETITION, 2014

1.1

PRAYER

WHEREFORE, in light of the issues raised, arguments advanced and authorities cited it is most
humbly and respectfully requested that this Hon’ble Court to adjudge and declare on behalf of
the Union of Aressia that:

11
Memorial on the behalf of the Respondent
 7th HIDAYATHULLAH MEMORIAL NATIONAL MOOT COURT COMPETITION, 2014

The court may also be pleased to pass any other order, which this Hon’ble Court may deem fit in
light of justice, equity and good conscience. All of which is respectfully submitted on behalf of

The Respondent

Sd/-

..............................

(Counsel for the “Respondent”)

12
Memorial on the behalf of the Respondent