Doctors, Association lose Defamation Battle against Speaker Vivek Bindra

Hence, before answering the question as to whether the impugned video has lowered down the reputation of the doctors and the medical professionals as a class, it will be necessary to appropriately determine what a ‘common man’ or ‘a man of ordinary prudence’ or ‘the society’ opinions in respect to the doctors and the medical professionals.

The complainant has not examined any person from the socitey or a man of ordinary prudence, who would have deposed that after watching the video the reputation of doctors was lowered in his eyes. It is further pertinent to state in here that the complainant themselves in their deposition have not mentioned about any specific event which goes to show that reputation of doctors lowered in eyes of common after going through impugned video.

Be that as it may, the context in which the video has been published, seems an endeavour of a businessman, who himself is a doctor and promotes himself as a business guru and a motivational speaker, to promote himself and his business. I place it on record that I have watched and rewatched the video in an attempt to stumble across any thing which could prima facie constitute ‘defamation’ on the touchstone of section 499, however I could not find ‘content’ which may be called defamatory without being overly sentimental and rather being a bit unreasonable.