Investigative journalism cannot be at cost of defaming someone: Bombay High Court

The Bombay High Court recently observed that investigative journalism cannot be allowed at the cost of defaming a person and such journalism will not get any special immunity [Khanjan Thakkar v. Waahiid Ali Khan & Ors.]..Single-judge Justice Bharati Dangre made the observation while granting relief to businessman Khanjan Thakkar who had approached the High Court with a defamation suit against journalist Waahiid Khan over certain articles about Thakkar. Justice Dangre observed that the journalist was indulging in investigative journalism but not in public interest, could not enjoy special protection.“What Khan is attempting is investigative journalism, which is definitely not in the interest of general public and investigative journalism definitely does not enjoy any special protection and the umbrage of public interest definitely do not permit a publication, which would amount to lowering down the reputation of any person without justifying the publication on the basis of its truthfulness," the Court held..It also reiterated that freedom of press is required to be balanced against an individual’s right to reputation.“The freedom of press, which is being evolved as a species of speech, definitely will have to be balanced against a right, which an individual has to his reputation,” the Court said..The suit by Thakkar highlighted defamatory social media posts containing videos and interviews by Khan. He sought ₹100 crore compensation and damages for the alleged defamation.He claimed that the posts levelled baseless allegations against him without providing any single justification.On the other hand, Khan argued that he was dissipating information and raising awareness about potential scams through online gambling apps.He also claimed that he has no intention to defame or harm Thakkar’s reputation while putting the said content in public domain.The Court rejected Khan’s submission and directed him to take down the defamatory articles. The Court also restrained him from posting anything about Thakkar on his accounts in public domain during pendency of the suit..Advocates Mayur Khandeparkar and Sanket Mungale appeared for Thakkar. Advocates Rizwan Merchant, Ali Kaashif Khan Deshmukh and Hitanshi Gajaria appeared for Khan. [Read Order]