Batting for free speech: On filing of defamation cases against press
4 years, 7 months ago

Batting for free speech: On filing of defamation cases against press

The Hindu  

A feature of public life in Tamil Nadu in the last three decades has been the indiscriminate institution of criminal defamation proceedings against Opposition leaders and the media. The verdict of Justice Abdul Quddhose, quashing a series of defamation complaints filed since 2011-12, is remarkable for applying a set of principles that would firmly deter the hasty and ill-advised resort to State-funded prosecution on behalf of public servants. The first principle is that the State should not impulsively invoke provisions in the CrPC to get its public prosecutor to file defamation complaints in response to every report that contains criticism. It notes that each time a public servant feels defamed by a press report, it does not automatically give rise to a cause for asking the public prosecutor to initiate proceedings on her behalf. While quashing a private complaint against a journalist and a newspaper, the judge said two of the exceptions to defamation given in Section 499 pertained to ‘public conduct of public servants’ and ‘conduct of any person on any public question’.

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History of this topic

Speeches Criticising Govt, Its Policies & Actions Cannot Be Termed As Threat To Public Order: Madras High Court
5 months ago

Speeches Criticising Govt, Its Policies & Actions Cannot Be Termed As Threat To Public Order: Madras High Court

Live Law  

While setting aside the detention of Youtuber Savukku Shankar, the Madras High Court on Friday observed that freedom of speech is an inborn right and the same cannot be curtailed unless there is a threat to public order. The court added that speeches criticizing the government, its actions and policies, and those exposing the corrupt or illegal actions of the …

Defamatory Statements In Pleadings Or Petitions Amount To Publication Under Section 499 IPC: Jammu & Kashmir High Court
5 months, 1 week ago

Defamatory Statements In Pleadings Or Petitions Amount To Publication Under Section 499 IPC: Jammu & Kashmir High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court has ruled that defamatory statements made in court pleadings amount to publication and can form the basis for the prosecution of such client for an offence under Section 499. The matter had reached the Srinagar Chief Judicial Magistrate when the respondent filed a complaint in Srinagar, alleging defamation based on the statements …

Criminalising words: on allegedly divisive speeches
6 months, 3 weeks ago

Criminalising words: on allegedly divisive speeches

The Hindu  

The grant of sanction to prosecute writer-activist Arundhati Roy and academician Sheikh Showkat Hussain for alleged “unlawful activity” in a case dating back to 2010 is unwarranted. Saxena, who had accorded sanction in October 2023 to prosecute the Booker Prize-winning writer and the former Kashmir University professor, respectively, for allegedly divisive speeches and imputations against national unity, has now given …

Apex court muzzles a media silencing tool
8 months, 3 weeks ago

Apex court muzzles a media silencing tool

Hindustan Times  

On March 22, 2024, the Supreme Court handed down a brief — but important — judgment, restating some basic principles with respect to the right to freedom of speech and expression. For this reason, much turns upon whether plaintiffs in defamation cases can persuade the court to grant an interim injunction, requiring that the allegedly defamatory material be taken down …

Press Should Refrain From Publishing Defamatory Content Against Private Citizen If It Serves No Public Interest: Jammu & Kashmir High Court
1 year ago

Press Should Refrain From Publishing Defamatory Content Against Private Citizen If It Serves No Public Interest: Jammu & Kashmir High Court

Live Law  

Cautioning the press from publishing contents that are manifestly defamatory against an individual, the Jammu and Kashmir and Ladakh High Court has observed that content published by the press should be duly verified and there should be sufficient reason to believe that it is true and serves the public good. Debunking “Truth” as a defence for publishing defamatory material against …

Allegations In Complaint Made In Good Faith To Lawful Authority Cannot Attract Offence Of Defamation : Supreme Court
1 year, 5 months ago

Allegations In Complaint Made In Good Faith To Lawful Authority Cannot Attract Offence Of Defamation : Supreme Court

Live Law  

The Supreme Court quashed a defamation case against a man accused of making defamatory allegations in his complaint before Sub Divisional Magistrate.It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with regard to the subject-matter of accusation, the bench of Justices J B Pardiwala …

Mere Fact That Defamatory Statement Was Earlier Made In A Pleading In Court Is No Defence For Repetition: Bombay High Court
1 year, 6 months ago

Mere Fact That Defamatory Statement Was Earlier Made In A Pleading In Court Is No Defence For Repetition: Bombay High Court

Live Law  

Publication of a defamatory statement on the ground that a similar statement was mentioned in a judicial pleading is not a valid defence to justify repetition of that statement, the Bombay High Court has held. The mere fact that the defamatory statement might have been made in a pleading/affidavit filed in the course of judicial proceedings does not give any …

Press Should Not Publish Anything Manifestly Defamatory Against An Individual Or Institution, Can’t Exceed Limit Of Fair Comment: Delhi Court
1 year, 7 months ago

Press Should Not Publish Anything Manifestly Defamatory Against An Individual Or Institution, Can’t Exceed Limit Of Fair Comment: Delhi Court

Live Law  

Observing that the press should not exceed the limit of fair comment, a Delhi Court recently said that the press must not publish anything which is manifestly defamatory against any individual or institution, unless it is duly verified and there is sufficient reasons to believe that it is true and the publication will be for public good. Such norms may …

Defamation perils: on the Rahul Gandhi case
1 year, 8 months ago

Defamation perils: on the Rahul Gandhi case

The Hindu  

A striking feature of the Surat district court’s order declining to stay the conviction of Congress leader Rahul Gandhi is its unusual emphasis on his status as a Member of Parliament to justify his conviction and quantum of punishment. It is quite evident from a reading of 8th Additional Sessions Judge Robin P. Mogera’s order that the court deems an …

Imagined slur: On the implications of the Rahul Gandhi defamation case
1 year, 9 months ago

Imagined slur: On the implications of the Rahul Gandhi defamation case

The Hindu  

Congress leader Rahul Gandhi has obtained bail from a Sessions Court in Surat, pending his appeal against a bizarre conviction for defamation recorded by a judicial magistrate’s court. In an unusual judgment, the trial court had given him the maximum permissible prison term of two years, claiming that a Member of Parliament deserved to be awarded the highest punishment because …

Supreme Court urged to remove criminal defamation as grounds for automatic disqualification of lawmakers
1 year, 9 months ago

Supreme Court urged to remove criminal defamation as grounds for automatic disqualification of lawmakers

The Hindu  

A Ph.D. student from Kerala on March 25 urged the Supreme Court to remove “criminal defamation” as a ground to “automatically” expel parliamentarians. The petitioner, represented by advocates Deepak Prakash and Sriram Parakkat, said the immediate reason for her petition is the ‘automatic disqualification’ of Wayanad MP Rahul Gandhi on Friday, within 24 hours of a Surat court finding him …

Two takeaways from the Surat court’s order
1 year, 9 months ago

Two takeaways from the Surat court’s order

Hindustan Times  

There are two significant takeaways from a Surat district court’s conviction of Congress leader Rahul Gandhi — and neither is about whether or not he will be disqualified as a Member of Parliament although a 2013 Supreme Court judgment is explicit on the outcome. The first is about whether the judgment will reopen the discussion on one of the most …

Media Or Govt Agencies Have No Right To Peep Into Private Lives Of Citizens Without Any Valid Reason: Kerala High Court Slams Online Media Channels
1 year, 9 months ago

Media Or Govt Agencies Have No Right To Peep Into Private Lives Of Citizens Without Any Valid Reason: Kerala High Court Slams Online Media Channels

Live Law  

The Kerala High Court recently came down heavily on certain online media channels for broadcasting private moments of a woman and said it is disheartening to note that some online news channels "are in the habit of publishing sleaze more than news. The Kerala High Court recently came down heavily on certain online media channels for broadcasting private moments of …

Chief Editor Cannot Be Prosecuted In Absence Of Specific Allegations: Supreme Court While Quashing Defamation Case Against Aroon Purie
2 years, 2 months ago

Chief Editor Cannot Be Prosecuted In Absence Of Specific Allegations: Supreme Court While Quashing Defamation Case Against Aroon Purie

Live Law  

Supreme Court bench comprising Chief Justice UU Lalit and Justice Bela M Trivedi has made it clear that the Chief Editor cannot be prosecuted for defamation in the absence of 'specific allegations'. The presumption under Section 7 of the Press and Registration of Books Act, 1867 cannot be invoked against such Chief Editor or Editor-in-Chief, if there are no specific …

Harassment against journalists in India has escalated: N. Ram
2 years, 2 months ago

Harassment against journalists in India has escalated: N. Ram

The Hindu  

The harassment against certain journalists in the country has escalated, and journalists from the Muslim community or those supporting the minorities are being targeted, N. Ram, Director of The Hindu Publishing Group, said here on Monday. During a panel discussion on ‘Legal Challenges Faced by Journalists in India’ in Asian College of Journalism at Taramani, moderated by Kunal Majumder, India’s …

[AAP vs BJP Defamation Case] Not Law, Common Man Wants To Know Truth About Allegations Against Public Servants: Supreme Court
2 years, 3 months ago

[AAP vs BJP Defamation Case] Not Law, Common Man Wants To Know Truth About Allegations Against Public Servants: Supreme Court

Live Law  

This observation of the Top Court came in while considering BJP MP Manoj Tiwari's plea challenging the judgment of the Delhi High Court which refused to quash the summoning order issued by a Magistrate in the defamation case filed by Manish Sisodia, Delhi's Deputy CM. The defamation case was filed by Sisodia in 2019 against BJP leaders — Members of …

Bombay HC quashes FIR against reporter of Marathi newspaper in defamation case
2 years, 8 months ago

Bombay HC quashes FIR against reporter of Marathi newspaper in defamation case

India Today  

The Bombay High Court quashed an FIR registered by the Deputy Commissioner of Police- Crime, Pournima Chaugule, against a reporter of a Marathi newspaper, for publishing two articles that suggested disharmony among the police staff attached to two offices under the Police Commissionerate of Solapur. Apart from this, another issue involved was whether a police case is maintainable if an …

Give Respect To Leaders Of Country/State While Publishing Matters Related To Them: Madras High Court Directs Tamil Newspaper
3 years, 5 months ago

Give Respect To Leaders Of Country/State While Publishing Matters Related To Them: Madras High Court Directs Tamil Newspaper

Live Law  

Noting that while reporting a matter related to the former Chief Minister of Tamil Nadu, J. Jayalalitha, a Tamil Magazine/Newspaper 'Dinamalar' had referred to her as 'J', the Madras High Court recently directed the publisher of the Magazine that: "While printing and publishing matters with regard to the leaders of the Country or State, the petitioners are supposed to give …

Defamation as crime: The Hindu Editorial on the acquittal of journalist Priya Ramani
3 years, 10 months ago

Defamation as crime: The Hindu Editorial on the acquittal of journalist Priya Ramani

The Hindu  

Some judicial verdicts acquire emblematic significance far beyond the outcome of a particular case. The acquittal of journalist Priya Ramani of the charge of defaming M.J. Akbar, a former Union Minister, journalist and author, has protected and preserved the space for women who have found their voice in recent times to speak out about their experience of sexual harassment in …

Press Has Right To Publish News Item With Its Necessary Comments & Views: Kerala High Court Quashes Defamation Case Against Manorama Editors
4 years, 1 month ago

Press Has Right To Publish News Item With Its Necessary Comments & Views: Kerala High Court Quashes Defamation Case Against Manorama Editors

Live Law  

The Kerala High Court has quashed a defamation complaint registered against the Chief Editor, Managing Editor and Publisher of Malayala Manorama Daily.Justice P. Somarajan observed that the press has the right to publish a news item with its necessary comments and views. The contemptuous nature of news item, if it is connected with imputation of truth, which requires publication for …

Bombay HC Grants Interim Injunction To Actor Amyra Dastur Against Luviena Lodh From Making Defamatory Statements Against Her
4 years, 1 month ago

Bombay HC Grants Interim Injunction To Actor Amyra Dastur Against Luviena Lodh From Making Defamatory Statements Against Her

Live Law  

The Bombay High Court on Monday granted interim injunction to actor Amyra Dastur against Luviena Lodh from publishing, circulating or communicating to the public any defamatory or slanderous comments against the plaintiff, who filed a suit claiming damages for defamation against the defendant for making libelous statements against her on social and electronic media. According to the plaintiff, the defendant …

'Genuine Assessment Of State Of Affairs Of Administration Not Defamation': Madras HC Quashes Defamation Case Against 'Rediff' For Article On Jayalalithaa's Health [Read Order]
4 years, 2 months ago

'Genuine Assessment Of State Of Affairs Of Administration Not Defamation': Madras HC Quashes Defamation Case Against 'Rediff' For Article On Jayalalithaa's Health [Read Order]

Live Law  

Justice P. N. Prakash said the court was unable to persuade itself to the submissions of the Public Prosecutor, inasmuch as, an allegedly defamatory article should be read as a whole and not in bits and pieces. "A genuine assessment of the state of affairs of the administration at a given point of time cannot amount to defamation", said the …

"A Claim To Protect Free Speech Made In Good Faith And Public Interest": Quoting Ginsberg Rebecca John Completes Priya Ramani's Defence In MJ Akbar's Criminal Defamation Case
4 years, 3 months ago

"A Claim To Protect Free Speech Made In Good Faith And Public Interest": Quoting Ginsberg Rebecca John Completes Priya Ramani's Defence In MJ Akbar's Criminal Defamation Case

Live Law  

Senior Advocate Rebecca M John today completed her final arguments on behalf of journalist Priya Ramani who is facing a criminal defamation case for sharing her #MeToo story against MJ Akbar. While addressing the Additional Chief Metropolitan Magistrate Vishal Pahuja, Ms John submitted that Ramani should be acquitted as her story is her truth, which was made in good faith …

'State Should Not Be Impulsive Like An Ordinary Citizen In Defamation Matters And Invoke Sec 199(2) CrPC To Throttle Democracy' :Madras HC Quashes Cases Against N Ram & Ors [Read Judgment]
4 years, 7 months ago

'State Should Not Be Impulsive Like An Ordinary Citizen In Defamation Matters And Invoke Sec 199(2) CrPC To Throttle Democracy' :Madras HC Quashes Cases Against N Ram & Ors [Read Judgment]

Live Law  

In a significant judgment underscoring the importance of press freedom, the Madras High Court on Wednesday quashed the criminal complaints filed against a group of editors and journalists such as N Ram, Editor-in-Chief of The Hindu, Siddharth Varadarajan, Nakkeeran Gopal etc.The complaints were lodged in 2012 alleging "criminal defamation against State' over few reports against J Jayalalitha,. Alleging that the …

A Sullivan For The Times: The Madras High Court On The Freedom Of Speech And Criminal Defamation
4 years, 7 months ago

A Sullivan For The Times: The Madras High Court On The Freedom Of Speech And Criminal Defamation

Live Law  

On May 5, a single-judge bench of the Madras High Court handed down a very significant judgment on the freedom of speech and criminal defamation. Conducting that summary examination, Swaminathan J. noted that the article was based on a public interest litigation filed before the Madras High Court, it contained a response from the complainant, there were a few errors, …

‘Faced Threats, Boycott’: Journo on Landmark Defamation Verdict
4 years, 7 months ago

‘Faced Threats, Boycott’: Journo on Landmark Defamation Verdict

The Quint  

It has been six long years since journalist Sandhya Ravishankar has been fighting the harassment cases slapped against her for writing on the illegal beach sand mining in Tamil Nadu. In a landmark judgement, the Madras High Court, on 7 May, has quashed all defamation proceedings initiated against her and her husband Prem for articles published in The Economic Times. …

'Mere Inaccuracies In Reporting Cannot Justify Initiation Of Prosecution': Madras HC Quashes Criminal Defamation Proceedings Against ET Journalist & Editor [Read Judgment]
4 years, 8 months ago

'Mere Inaccuracies In Reporting Cannot Justify Initiation Of Prosecution': Madras HC Quashes Criminal Defamation Proceedings Against ET Journalist & Editor [Read Judgment]

Live Law  

"There is something called ethical imperative. The Madras High Court on Wednesday quashed the criminal defamation proceedings instituted against the Journalist Sandhya Ravishankar and her husband, also the Editor and Grievances Redressal Officer of the Economic Times, in connection to an article about illegal beach sand mining of atomic minerals along the southern coastline of Tamil Nadu, published in the …

Judicial Process Should Not Be An Instrument Of Operation Or Needless Harassment: Cautions Allahabad HC [Read Judgment]
5 years ago

Judicial Process Should Not Be An Instrument Of Operation Or Needless Harassment: Cautions Allahabad HC [Read Judgment]

Live Law  

While cautioning the courts to be circumspect and judicious in exercising the discretion and issuing process, the Allahabad High Court quashed the summoning order passed against the editorial staff of a newspaper, in connection with a defamation case. Thus it was held, "the complaint was not maintainable before the Magistrate as there is specific provision that the complaint should be …

Prashant Kanojia's arrest underscores need to revisit law on criminal defamation, restrictions on right to free speech
5 years, 6 months ago

Prashant Kanojia's arrest underscores need to revisit law on criminal defamation, restrictions on right to free speech

Firstpost  

Much has been written about the recent arrest of journalist Prashant Kanojia by the Uttar Pradesh Police. Despite the procedural irregularities related to the arrest, the case presents yet another opportunity to revisit the law regarding criminal defamation, often used by the police in such cases to abuse the process. Criminal defamation has often been used to curb people’s freedom …

Burdening Legal Speech: Vishal Dadlani And The P&H High Court
5 years, 8 months ago

Burdening Legal Speech: Vishal Dadlani And The P&H High Court

Live Law  

Two decisions, delivered over the last few days, exemplify how the terrain of free speech remains a contested field in Indian constitutional law. The Court noted that "justice" would also have to be done to the Jain community; it then observed: After extracting the submissions of both parties, the High Court held that the quashing petitions ought to be allowed, …

Bombay HC Holds Journo Guilty Of Extortion For Threatening To Defame Person In News [Read Judgment]
5 years, 10 months ago

Bombay HC Holds Journo Guilty Of Extortion For Threatening To Defame Person In News [Read Judgment]

Live Law  

Nagpur Bench of the Bombay High Court recently held a journalist guilty of extortion for threatening to publish a news item defaming the complainant and demanding money in exchange for his silence. All the illustrations show that even a threatening by journalists who are reporters to publish news in a newspaper to defame that person amounts to extortion." The court …

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