WhiteHat Jr filed a suit for defamation, trademark infringement and unfair competition against Mr Aniruddha Malpani, an angel investor in several edutech start-ups. 

Delhi HC issues ad interim order against Mr Malpani

The Delhi High Court restrained Mr Aniruddha Malpani from posting, publishing or sharing any defamatory content against ed-tech firm White Hat Jr. Mr Malpani is also not allowed to take any potshots against the management and the employees of the coding platform.

The court has issued directions for deleting select controversial tweets made by Malpani.  The Court has also sought Mr Malpani’s written response in the matter by January 14, 2021.

Mr Malpani has been critical of WhiteHat Jr on Social Media

Mr Malpani has been trending on Twitter for his heavy criticism against BYJU’S and White Hat Jr. In fact, four months back, his LinkedIn Account was suspended for his alleged inappropriate posts and scandalous remarks on BYJU’S.

In his controversial tweets, Mr Malpani has alleged that White Hat Jr hires more salespeople in comparison with the number of teachers hired. He has also gone on a Twitter rant questioning the quality of curriculum and teaching methods employed by White Hat Jr. He has also alleged that BYJU’s and White Hat Jr manipulate google reviews and run misleading ad campaigns.

WhiteHat Jr calls Mr Malpani a business rival

The learned Counsel representing WhiteHat Jr called Mr Malpani a business rival and questioned the contours of permissible free speech.

“This man has gone on a Twitter rampage – how do you stop a bull on a run? He called us liars, cheaters, pigs and said that we are associated with a convicted person, which is completely false,”-  WhiteHat Jr’s Counsel Kaul.

Mr Kaul acknowledged the backlash received by the ed-tech company for the 'Wolf Gupta Ad campaign' and said that the company took it as constructive criticism. He also pointed out that the said advertisement has already been taken down.

WhiteHat Jr supports free speech; emphasises on the need to distinguish fair criticism and malice

Counsels for WhiteHat Jr underscored that they are supportive of free speech but emphasised the need to distinguish fair criticism and malice. They struck a distinction between what is of interest to the public and in the public interest and indicated that free speech protects the latter, not the former. Highlighting the background of Mr Malpani, the counsels pointed out that he is an angel investor who is investing in businesses in the edutech ecosystem, such as one which professes to teach children website and app development and animation, among other things. 

Fair commentary can be argued by individuals who don't have skin in the game and make comments from an arm's length; not by an individual whose commercial investments stand to be impacted by defaming and disparaging a successful business rival.