The Bombay High Court on Wednesday asked Republic TV and its Editor-in-Chief Arnab Goswami to bring down the rhetoric during his reporting about industrialist Anil Ambani [Anil Ambani v. ARG Outlier & Ors]
While hearing Ambani's plea alleging defamation, Justice Milind Jadhav clarified that he was not stopping the media house from carrying any news story, although it should not have rhetoric.
"Otherwise I will pass the order. Of course you are the fourth estate, but no adjectives which will be disparaging", the judge clarified.
"At the end of the day, disparaging remarks, insinuating below the belt. There will be nothing below the belt. Please run your stories, your stories are in fact what the nation wants to know," the judge said.
Ambani claimed that the channel's reports on his financial transactions has caused irreparable damage to his reputation. The plea sought a temporary injunction against ARG Outlier (the company that owns Republic TV), Goswami and other unknown entities (John Doe parties).
Appearing for Ambani, Advocate Mayur Khandeparkar showed material to the Court that was allegedly defamatory.
"These are continuous and it is like a smear campaign," he said.
Senior Advocate Mahesh Jethmalani, appearing for Republic TV and Goswami, asked the Court for time to file a detailed reply.
He argued that the reply would be a defence of justification.
"Everything I have said is true and, secondly, fair comment."
The Court, however, disagreed with the "fair comment" argument. It permitted Republic to file its reply.
"In the reply you can say that every word that I have used is fair. But till you file a reply, refrain from using those words. Otherwise it will not be fair," the judge said.
The judge clarified that he is not going to stop Republic from doing stories concerning Ambani. Referring to TV media in general, he said,
"Ultimately it is the right of the public to know. This is one of the fairest medium in today's time."
Jethmalani highlighted that the channel was only using language which was being used in orders of several adjudicating authorities.
"He is not a financial wizard, he is a financial scammer," he said.
Justice Jadhav reiterated that he was not stopping the media house from doing stories on the orders but 'without going below the belt'.
"My court functions differently. In my court, suppose if ARG Outlier does not listen and today he runs a story to repeat the mistake. Then tomorrow morning, anybody can stand in line and I will immediately step in," the judge said.
Khandeparkar was briefed by Advocates Ameet Naik and Madhu Gadodia from Naik Naik & Co.
Jethmalani was briefed by Advocates Zoey Cutlerywala and Vikram Nath from Phoenix Legal.