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. The Delhi, Bombay, Calcutta and Madras High Courts hear such suits on their original sides for their seat cities, and the civil courts hear them elsewhere; since Bloomberg Television Production Services India v. Zee Entertainment Enterprises (Supreme Court, 2024), a pre-trial injunction against a news article is granted only in exceptional cases, where the content is malicious or palpably false, so the evidence of falsity carries the application.
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 of the partner law firm 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. A well-documented notice creates no liability by itself, but continued publication after receiving one that documents the falsity 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 complaint under the IT Rules 2021 goes to the portal's grievance officer where it has one, and to every platform hosting a copy. This is a grievance, not a takedown order. Since Shreya Singhal v. Union of India (2015) the "actual knowledge" that obliges an intermediary to remove content under section 79 of the IT Act arises only from a court order or a government direction, and Rule 3(1)(d) now gives the platform three hours from that point; a private notice starts the grievance clock, acknowledgement within 24 hours and resolution within seven days, and nothing more.
The dual-notice approach still matters. The portal is on record as having been told, with evidence, that the assertions are false; a grievance officer who lets the seven days pass has failed to observe the Rules, which under Rule 7 costs the intermediary the protection of section 79(1); and a portal that ignores both notices has chosen continued publication with knowledge of the falsity, which goes to malice and to damages.
Where the portal ignores both notices, the matter goes to the competent court through the partner law firm, with both grounds in the injunction application. The application is materially stronger for the notices having been sent and ignored: it shows that the portal was told, with the evidence, and chose to continue publishing, which goes to malice and to the balance of convenience at the injunction hearing.
Step 4: Obtain a 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 civil court (the High Court's original side only in Delhi, Mumbai, Kolkata and Chennai) 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 — a court can grant an ex parte interim injunction (without notice to the defendant portal). 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.
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 must act on it within three hours of receiving it under Rule 3(1)(d) of the IT Rules 2021.
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.
How to Remove Fake News from Google
Fake news is a different problem from unfair news. The typical case is a fabricated story on a portal that names no editor, publishes no address and appoints no grievance officer, often run to extort the subject or to serve a rival, and copied by aggregators until Google treats it as reporting. Under the IT Rules 2021 a publisher of news and current affairs content operating in India must furnish its details to the Ministry named in the Rules under Rule 18 and run a grievance mechanism; a portal that has done neither has no grievance officer to write to and has stayed outside the accountability the Rules require of news publishers, which is worth putting before the court.
The route has three parts. First, the story itself: a defamation notice to whatever contact the portal publishes, and to the domain's registrar and hosting provider, whose abuse desks act on fabricated content and on impersonation of a real news brand. A news desk is not bound by a private notice, and neither is an anonymous portal, so the notice is the record for what follows rather than the takedown itself. Second, the search result: a civil suit for defamation, with an application for an interim injunction naming the portal and the search engine (the criminal offence under BNS 2023 s.356, formerly IPC 499/500, is a separate route); under Rule 3(1)(d) of the IT Rules 2021 an intermediary must remove or disable access within three hours of receiving the court order, which since Shreya Singhal v. Union of India (2015) is the only form of "actual knowledge" that binds it. Third, the copies: every aggregator and republisher is a separate URL, and the order should list them or provide for URLs notified later.
Grievance complaints have a place, but not the one most people expect. A complaint to a platform's grievance officer must be acknowledged within 24 hours and resolved within seven days. Defamation has not been among the categories in Rule 3(1)(b) that carry the 36-hour window since October 2022, so a defamation complaint runs on the seven-day clock and a platform may decline to judge it; a notice that cites Rule 3(1)(b) for defamation is citing the wrong rule. What a grievance complaint does well is impersonation. A fake portal or social account trading on a real publication's name impersonates another person under Rule 3(1)(b)(vi), so the grievance officer must resolve the complaint within 36 hours; content that impersonates you personally, including a morphed image of you, is a Rule 3(2)(b) complaint the platform must act on within two hours.
Doctors and hospitals meet a particular version of this: a fabricated negligence story built from a false review or a complaint that was never filed, dressed as local news and often timed to coincide with a complaint to the State Medical Council. The route is the same, with one addition. A letter from the State Medical Council or the National Medical Commission confirming that no finding has been made, together with the clinic's records showing that the described treatment never took place, is the evidence that turns a "report" into a false statement of fact for the injunction application, and it is worth obtaining before the notice goes out.
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) a right-to-be-forgotten petition before the High Court for the de-indexing of historical articles that no longer serve a public interest, which Indian courts have granted in suitable cases, without requiring the portal to remove the source; and (3) removal from Google's results under Google's own policies for personal information and explicit imagery, which apply even where the content is 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.
Frequently asked questions
How do I remove fake news from Google?
Treat the fabricated story and the search result as two jobs. Preserve the page, then send a defamation notice to the portal, its registrar and its host, without expecting the notice alone to bind a news desk. Then bring a civil suit for defamation with an interim injunction application naming the portal and Google; once the order is served, Rule 3(1)(d) of the IT Rules 2021 requires removal within three hours. A grievance complaint to a platform is resolved within seven days, and it is the right first route only where the fake story impersonates someone: a portal or account posing as a real publication falls in the 36-hour lane under Rule 3(1)(b)(vi), and content impersonating you personally must be acted on within two hours under Rule 3(2)(b).
Can a legal notice alone get a news article removed?
Sometimes, when the portal reads it and sees the risk. But a private notice is not "actual knowledge" under section 79 of the IT Act: since Shreya Singhal v. Union of India (2015) only a court order or a government direction fixes an intermediary with knowledge, and only a court order carries the three-hour deadline in Rule 3(1)(d). The notice is the record that the portal was told, with evidence, that the assertions were false, and it is what the injunction application is built on.
Can a fabricated negligence story about a doctor be removed?
Yes, where the facts are false. A story that reports a complaint that was never filed, or treatment that never took place, is a false statement of fact, not fair reporting. Obtain written confirmation from the State Medical Council or the National Medical Commission that no finding has been made, assemble the clinic's records, and proceed as for any fake story: notice to the portal, registrar and host, then a civil defamation suit with an injunction naming the portal and Google.
RepuLex Editorial
Legal Research · IT Law & Defamation
RepuLex's editorial team is composed of legal researchers specialising in IT Act 2000, defamation law, and digital content enforcement; RepuLex is an ORM agency, and regulated legal work is done by its partner law firm. All articles are reviewed for legal accuracy before publication. Nothing in this article constitutes legal advice — consult a qualified advocate for your specific situation.