A defamatory news article presents a more complex removal challenge than a fake review or anonymous social media post for three structural reasons. First, news portals have an editorial defence — journalism is explicitly protected under the Indian Constitution and the exceptions to BNS Section 356, and publishers claim that right aggressively when faced with removal demands. Second, news articles tend to rank extraordinarily well in search results — they are authoritative sources by Google's algorithm, appear prominently for name searches, and are often picked up and re-published by other portals, multiplying the removal challenge. Third, news portal editors are more sophisticated legal adversaries than anonymous social media users — they have in-house legal teams and understand when a removal request has legal merit versus when it can be dismissed.
Why News Articles Are the Hardest Content to Remove
Despite these challenges, news articles are successfully removed in India every week through legal process. The route is more complex and typically more expensive than removing a review or social media post, but it is not merely theoretical. Indian courts — particularly Delhi, Bombay, and Madras High Courts — have extensive experience with urgent injunctions in news article defamation matters and grant them regularly in cases with well-documented facts.
The key distinction is between a news article that is unfair or negative (which is not removable) and a news article that is factually false in its material assertions (which is). A news article that accurately reports a police complaint against a person — even if that person is innocent — is generally not removable unless the article adds fabricated details or misrepresents the status of the complaint. A news article that falsely attributes a criminal conviction to someone who was acquitted, or that fabricates a complaint that was never filed, is actionable defamation and removable through legal process.
Step 1: Identify the Article's Legal Vulnerabilities
Before any legal action is taken, the article must be assessed for its legal weaknesses. The relevant questions are: Are the factual assertions in the article verifiably false? Does the article attribute statements to sources that did not make them? Does it describe legal proceedings inaccurately — for example, calling a bail application a conviction, or describing a civil dispute as a criminal case? Does it omit material information that would change the reader's conclusion — for example, reporting a complaint without reporting its dismissal?
A qualified advocate conducting this assessment should review the article word by word and identify each specific factual assertion that is false, along with the documentary evidence that establishes its falsity. This evidence becomes the foundation of the defamation notice and, if required, the court application. Courts grant injunctions on the basis of prima facie defamation — the claimant does not need to prove their case at this stage, but must establish a credible arguable case that the specific assertions are false and harmful.
The assessment should also identify which exceptions under BNS Section 356 might protect the article. If the article purports to be a report of court or regulatory proceedings, it may attract the fair report exception even if the underlying proceedings were ultimately decided in the client's favour. This exception is available only for accurate reports of proceedings — a deliberately inaccurate or misleading account of proceedings is not protected, and the advocate's assessment should identify whether the article crosses that line.
Step 2: Send a Formal Legal Notice to the Publisher
A formal defamation notice sent by a practising advocate to the editor and publisher of the news portal — addressed to the registered legal address of the media company — initiates the formal legal process. The notice must: identify the specific article by headline and URL, quote the specific defamatory assertions verbatim, state the evidence of their falsity (with exhibits attached), invoke the applicable provisions (BNS 356, relevant IT Act provisions), and demand removal of the article within a defined timeline (typically 7 to 14 days for serious defamation, 3 days for emergency cases).
Major Indian news portals — including national English-language portals and regional language portals with established editorial operations — have designated legal departments that process advocate notices. The receipt of a well-documented notice creates liability exposure for the portal: continued publication after receiving a notice establishing actual knowledge of the defamatory nature of the article can be used to argue that the continued publication was malicious, enhancing any eventual damages award.
Many portals — particularly smaller regional portals that published the article opportunistically or without adequate fact-checking — will voluntarily remove an article after receiving a formal legal notice with documented evidence of its falsity. This is the most common resolution for news article removal cases at RepuLex: notice sent, compliance received, no court proceedings required. The speed of this outcome depends on the portal's responsiveness and its legal team's assessment of the risk.
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Step 3: Issue a Concurrent IT Act Section 79 Notice to the Portal
In parallel with the defamation notice, a Section 79 IT Act notice is sent to the portal in its capacity as an internet intermediary hosting the article. This notice creates a separate and distinct legal obligation — one that operates under the IT Act framework rather than defamation law — and requires the portal to remove or disable access to the content under its intermediary liability obligations.
The dual-notice approach — defamation notice and IT Act notice together — creates maximum legal pressure. The portal faces both criminal defamation exposure from the BNS notice and the loss of IT Act safe harbour from the Section 79 notice. The combination of these two independent legal bases for action is significantly more compelling than either notice alone.
Where the portal ignores both notices, RepuLex proceeds to the High Court with both grounds of action in the injunction application. The strength of the application is materially greater for having sent formal notices and received no response — it establishes that the portal had actual knowledge of the defamatory content and chose to continue publishing it, which goes to the question of malice and to the balance of convenience in the injunction hearing.
Step 4: Obtain a High Court Injunction When Portals Refuse
When a news portal refuses to remove the article or fails to respond to legal notices, the appropriate remedy is an urgent application to the competent High Court for an interim injunction. The application must establish: (1) a prima facie case of defamation — not proof of defamation, but a serious arguable case that the specific assertions are false and harmful; (2) balance of convenience — that the harm from continued publication outweighs any harm from removal; and (3) irreparable harm — that damages would not adequately compensate for the ongoing reputational damage from the article remaining in publication.
In urgent cases — where the article is causing immediate harm to an ongoing business transaction, a fundraising round, a professional credentialling process, or a judicial proceeding — courts have granted ex parte interim injunctions (without notice to the defendant portal) within 24 to 72 hours of filing. These urgency applications require a specific narration of the immediate harm and a commitment to regularise the application by serving the defendant promptly.
Once an interim injunction is obtained, it is served on the portal with a direction to immediately remove the article and take down the URL. Failure to comply is contempt of court — a serious matter for a media organisation that depends on its credibility and institutional relationships. Compliance with injunctions obtained in defamation matters has been consistent across major Indian news portals.
Removing the Article from Google Search After Portal Removal
Portal removal is necessary but not sufficient for complete resolution. After the article is removed from the portal, the URL may continue to appear in Google search results until Google recrawls the page and finds it inaccessible. Recrawl timelines vary — high-priority news pages are recrawled within days, but lower-priority pages can take weeks to disappear from search results.
To accelerate de-indexing, a direct legal removal request is submitted to Google India simultaneously with portal notice. Google's legal removal request system — separate from the public content removal form — processes advocate-submitted requests more efficiently. Where a court order is available directing de-indexing, Google's compliance is typically within days of receiving the court order documentation through the legal request channel.
For articles that have been picked up and republished by multiple portals — a common pattern for significant defamation incidents — each source portal requires a separate removal notice, and Google de-indexing must be verified across all indexed URLs including the secondary republications. RepuLex's article removal engagements cover all indexed instances of the same content, not merely the primary publication.
What to Do When the Article Cannot Be Removed
Some news articles cannot be permanently removed. An accurate article about criminal proceedings, regulatory action, or a business dispute that is factually correct in all material respects is protected journalism even if the subject finds it damaging. An article that was defamatory when published but where the portal has voluntarily corrected the specific false assertions may no longer be removable in its corrected form, though the pre-correction version may remain actionable for historical damages.
In cases where removal is not achievable, the available legal strategies include: (1) a court-ordered correction and apology from the portal, which addresses the factual falsity without full removal; (2) Right to Be Forgotten applications to Google to de-index historical articles that are no longer of public interest, without requiring the portal to remove the source; and (3) Google de-indexing through DMCA for content that involves privacy violations even if not defamatory.
RepuLex's initial case assessment identifies which of these outcomes is achievable in a given case before the engagement begins. Cases where removal is not achievable are disclosed to the client at assessment stage — RepuLex does not accept fees for outcomes it cannot deliver. This policy means that every RepuLex news article engagement begins with an honest assessment of achievability, and the client makes an informed decision about whether to proceed based on realistic expectations.
RepuLex Editorial
Legal Researcher · IT Law & Defamation Practice
RepuLex's editorial team is composed of practising advocates and senior legal researchers specialising in IT Act 2000, defamation law, and digital content enforcement across Indian High Courts. All articles are reviewed for legal accuracy before publication. Nothing in this article constitutes legal advice — consult a qualified advocate for your specific situation.