In a significant interim ruling, the Bombay High Court has directed major social media platforms, including Instagram and Facebook, to take down hundreds of defamatory posts targeting jewellery giant Malabar Gold and Diamonds. The controversy erupted after the brand unknowingly hired a UK-based Pakistani influencer who had later criticized India's military operations.
Background
Malabar Gold, one of India's best-known jewellery retailers, had planned to open a new showroom in Birmingham, UK. To boost visibility in the region, the company engaged JAB Studios for influencer-led promotions. Among the chosen influencers was Ms. Alishba Khalid, a Pakistani-origin Instagram personality residing in the UK.
The problem, however, started when old videos and posts of Khalid resurfaced, where she had openly condemned India's surgical strikes during Operation Sindoor against Pakistan. Though Malabar Gold argued that the engagement happened much before the Pahalgaon attack and without any knowledge of her controversial opinions, social media chatter quickly turned toxic.
According to the plaintiff, competitors allegedly seized the opportunity to spread misinformation, suggesting Malabar Gold sympathized with Pakistan. The company submitted to the court a detailed list of 442 URLs carrying defamatory content across various platforms.
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Court's Observations
Hearing the matter on September 29, Justice Sandeep V. Marne noted that "mere utilization of services of the UK-based social influencer at some point of time cannot be a reason for spreading defamatory contents."
Senior Advocate Naushad Engineer, appearing for Malabar Gold, argued that the company had already severed ties with Khalid and could not be held responsible for her political views, especially since her critical posts came after the brand's engagement with her.
On the other hand, Meta Platforms counsel Harit Lakhani and representatives of other defendants were present, while some parties remained absent despite service. The judge seemed to agree that the ongoing circulation of such posts was unfair and damaging to the plaintiff’s reputation, particularly during the festive season when jewellery sales peak.
Decision
Granting ad-interim protection, the court issued the following directives:
Content Removal: Defendants, including Meta and other platforms, must delete all defamatory posts listed in the URLs provided by Malabar Gold.
No Fresh Defamation: Platforms are restrained from allowing any new defamatory content linking Malabar Gold to the influencer’s political statements.
Future Monitoring: If Malabar reports more such URLs, platforms may verify them, but in case of disputes, the company can approach the court again.
Printed Material Ban: Defendant No.6 is barred from publishing any defamatory printed material connected to this controversy.
The order will remain in force until the next hearing, scheduled for November 11, 2025.
With this ruling, the court has attempted to strike a balance between free expression and the protection of a brand's reputation in the digital age, where online narratives can spiral rapidly.
Case Title:- Malabar Gold and Diamonds Limited v. Meta Platforms Inc & Ors.
