2 weeks ago

Kerala High Court rules journalist reporting official action is not defamation

Kerala High Court rules journalist reporting official action is not defamation
Journalist reporting official action not defamation, rules Kerala High Court · indianexpress.com

In India, there is a rule that you cannot say mean things about someone on purpose to hurt their reputation; that is called defamation.

A man was arrested by police, and a newspaper wrote a story about his arrest.

The man was very upset because the story made him look bad and embarrassed him, so he wanted the journalists to be punished.

The newspaper said they only wrote about what the police and official records said.

A judge at the High Court of Kerala looked at the case.

The judge said that if a journalist honestly reports what police officers or other officials did, it is not defamation.

Only if a journalist makes up their own nasty statement could it be defamation.

So the judge decided the journalists did not break the law and closed the case.

The rule tells reporters they are safe when their story is based on official records.

But it also reminds them they must stick to the facts and be honest.

Key facts

Court
Kerala High Court
Judge
Justice C S Dias
Ruling date
August 5
Petitioners
Malayalam media house, Chief Editor, Editor and Reporter
Underlying incident
2020 arrest of a man for allegedly unlawfully possessing Indian Made Foreign Liquor
Disputed quantity
Man claimed 2.5 litres; publication reported 3 litres against an official record of 2.5 litres
Legal provisions
Sections 499, 501 and 502 of the Indian Penal Code
Outcome for arrested man
He was acquitted of the crime; the defamation complaint against the media house was dismissed

Quotes

Justice C S Dias

Judge of the Kerala High Court

“The publication may have caused embarrassment to the second respondent, but such embarrassment cannot give rise to a prosecution for committing the offences under Sections 499, 501 or 502 IPC.”
indianexpress.com
“A journalist does not become criminally liable for defamation because the publication of an official action has caused reputational harm to a litigant.”
indianexpress.com

Sources

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