Controversies On Reliability Of News Are Matters Of Public Debate: Delhi HC Sets Aside Ex-Parte Injunction Against Cobrapost Expose [Read Order]

The Delhi High Court on Friday set aside an interim order restraining investigative journalism house Cobrapost from releasing any materials of its documentary titled ‘Operation 136: Part II’. If courts are to routinely stifle debate, what cannot be done by law by the State can be achieved indirectly without satisfying exacting constitutional standards that permit infractions on the valuable right to freedom of speech.” The plaintiff Dainik Bhaskar Group had approached the court earlier this year, complaining that Cobrapost’s documentary was an “attempt at defamation in what they term to be false news and information.” An interim injunction was then granted ex parte by Justice Valmiki J. Mehta. The salutary and established principle in issues that concerned free speech are that public figures and public institutions have to fulfil a very high threshold to seek injunctive relief in respect of alleged libel or defamation.” It then asserted that unless it is demonstrated at the threshold that the offending content is malicious or palpably false, an injunction and that too an ex-parte one, without recording any reasons should not be given in cases like these. In case there are allegations which result in controversies as to the reliability of the news which one or the other disseminates to the public, that too is a matter of public debate.” The impugned order was therefore set aside, remitting the matter to the Single Judge for him to consider the question of grant of interim relief on the basis of the pleadings and contentions of the parties.