In a major decision, the Madras High Court has directed YouTube to take down a video review by the channel Buying Facts.
The move comes after a water-treatment company claimed the video was defamatory, misleading, and damaging to its business reputation.
The ruling emphasizes that content creators cannot misuse product reviews to spread false information that harms a company’s goodwill.
Reviews Cannot Be Used to Defame Companies
Justice N. Senthilkumar noted that while YouTubers are free to review products, they cannot damage a company’s reputation or trade prospects under the guise of “honest reviewing.”
The court said that creators must act responsibly, especially when their videos can influence consumer decisions at a large scale.
The judge also highlighted that the video unfairly restricted the company’s constitutional right to conduct business under Article 19(1)(g).
The Case: Nannir Water Source vs Buying Facts
Theni-based Nannir Water Source LLP, which produces eco-friendly water treatment systems, filed the complaint after a video posted on May 25 allegedly contained false statements about its “water energiser”.
The company argued that the review:
Created unnecessary suspicion about the product
Made customers hesitant to buy it
Risked significant financial loss
Misrepresented their trademark-protected product
The court ordered the video to be blocked, and the channel operators, Syed Imran and Syed Abbas, have been barred from circulating it.
Protecting Brands from Misleading Reviews
The court referenced a 2021 case where the Bombay High Court sided with Marico Limited against misleading reviews of Parachute coconut oil.
Justice Senthilkumar reinforced that companies have the right to defend their brand identity and market reputation against misinformation or malicious criticism.
A Clear Message for Content Creators
This ruling sends a strong warning to YouTubers and other digital creators:
Review responsibly or face legal action
Free speech is protected, but defamation, trademark infringement, and commercial disparagement are not
The decision underlines that online platforms and creators must balance freedom of expression with responsibility toward businesses and consumers.
