On September 28th, a civil court in Bengaluru issued an ex-parte interim injunction against X (formerly known as Twitter). The injunction instructed X to suspend or block the account of Dr Cyriac Abby Philips, who goes by the handle ‘@theliverdr’.
The court took this action in response to a lawsuit filed by Himalaya Wellness Corporation. The company alleged that Dr Philips had made defamatory comments about its products. For now, X has withheld the account in India. However, the message reads it has been withheld globally, that means it might show similar message in other countries soon.
Himalaya Wellness Corporation is claiming that Dr Philips has been making negative comments about the company’s products, which have led to significant financial losses. The company maintains that Dr Philips’ statements are false and unjustified. They also allege that Dr Philips’ motive is to promote the products of other companies like Cipla and Alchem.
The civil court issued a ruling requiring X to suspend Dr Philips’ account and prohibited him from making any defamatory remarks about Himalaya Wellness Corporation on Twitter or any other platform. The court acknowledged the urgency of the plaintiff company’s request and granted the orders immediately, without notifying the defendants beforehand.
Bengaluru Civil Court passes ex-parte injunction order to X to suspend the account of Dr Cyriac Abby Philips (@theliverdr).
— Live Law (@LiveLawIndia) September 28, 2023
The order was passed in a suit filed by Himalaya Wellness Corporation which alleged that @theliverdr made defamatory allegations against the company. pic.twitter.com/7Pe4LOdHRY
The court said, “In the facts and circumstances issue ad-interim ex-parte temporary injunction order restraining the Defendant No.1 from tweeting, making or publishing, re-tweeting and re-publishing defamatory remarks against the plaintiff company and/or the products of the plaintiff company till next date of hearing. In the facts and circumstances issue ad-interim ex-parte mandatory injunction directing the Defendant No.2 to suspend/block the social media handle of the Defendant No.1 till next date of hearing.”
In order to minimise harm inflicted upon the company, including damage to its reputation and financial losses, the court stressed the need for an ex-parte injunction against Dr Philips. Additionally, the court noted that Dr Philips’ statements were adversely affecting consumers who use Himalaya products, such as Liv-52. As a result, the court issued a notice to Dr Philips and scheduled the next hearing for January 5, 2024.
Reacting to the court orders and X withholding his account in India, the doctor wrote, “Hello Himalaya Ayurveda shame on you. This is not how you make a rebuttal. When you have no proof to show for your deficiencies and your lackadaisical “publications” you shoot the messenger.” He has also reposted several posts in his support where the X users criticised Himalaya for suing Dr Philips.
Interestingly, the order passed by the court categorically prohibits him from posting, reposting or saying anything against Himalaya on social media.
