Kerala High Court Warns Against Overreach in Defamation Cases Against Media, Emphasizes Press Freedom

Last Updated on August 13, 2024 by News Desk

The Kerala High Court has directed the judicial officers of the district judiciary to exercise caution when considering allegations of defamation against newspapers and media personnel. Justice A. Badharudeen emphasized that unwanted legal prosecutions under Sections 499 and 500 of the IPC would amount to violation of Freedom of the Press and people’s right to know. The Court directed Trial Courts to be more vigilant in future, taking cognizance only when the ingredients discussed above are made out and not in a callous and mechanical manner.

In the present case, defamation under Section 499 and punishable under Section 500 of the IPC was alleged against the Managing Director, Editor and Reporter of the Malayalama Manorama newspaper. The petitioner media persons argued that the publication of a news article should not be considered defamatory and prayed for quashing the unwanted prosecution against them. The Court found that the news item about the removal of some waste materials by the Municipal Councillor cannot be termed as defamatory, and there is no prima facie case that media persons published the news item with requisite intention, knowledge, or reason to believe it would damage the complainant’s reputation.

The Court stressed the importance of press freedom and the public’s right to know, stating that restricting its powers would amount to “mobocracy”. It stated that if accurate news reporting was termed as defamatory, it would be a breach of Freedom of the Press. The Trial Court must exercise vigilance when taking cognizance of defamation cases against the press and media personnel, as such actions could have serious implications for press freedom and the public’s right to be informed.