The Delhi High Court on Tuesday sought the response of journalist Swati Chaturvedi on an appeal filed by OpIndia challenging a trial court order directing it to remove two articles published against Chaturvedi [Aadyasi Media Vs Swati Chaturvedi].
Justice Manoj Kumar Ohri issued notice to Chaturvedi and listed the matter for further hearing on August 20.
OpIndia has challenged the interim order passed by District Judge Meenu Kaushik of the Patiala House Court. Judge Kaushik had directed OpIndia to remove two articles titled Swati Chaturvedi may be delusional-Sources and The Wire and its Star Journalist peddles another absurd lie about the RSS, and it is not for the first time.
The trial court had also restrained OpIndia from publishing any defamatory article against Chaturvedi during the pendency of her defamation suit.
The case arose from two articles published by OpIndia in 2018 and 2019. Chaturvedi claimed that the articles described her as “delusional”, accused her of “blatant lies and fabrications” and sought to link her with “extortion rackets”.
She argued that the articles damaged her reputation as a journalist and public commentator by falsely portraying her as being associated with propaganda and misinformation.
OpIndia opposed the plea before the trial court. It argued that the articles were protected by the right to freedom of speech and expression and amounted to fair comment based on material already available in the public domain.
The website further contended that references to Chaturvedi’s association with The Wire could not be considered defamatory since she had herself contributed to the publication.
However, the trial court found that OpIndia had failed to show that some of the serious allegations in the articles were supported by the material placed on record.
Judge Kaushik held that Chaturvedi would suffer irreparable loss and injury if the articles continued to remain in the public domain, as they could damage her reputation.
The trial court also directed OpIndia not to publish any defamatory article against Chaturvedi while the suit remains pending.
OP India was represented by Senior Advocate J Sai Deepak