Truth is no defence against publishing defamatory content when no public interest involved: Jammu and Kashmir High Court

The Jammu & Kashmir and Ladakh High Court recently remarked that truth is no defence for publishing defamatory material against a private citizen when no public interest is involved [Pritam Chand alias Pritam Singh v. Dr. Kamal Saini]..Justice Vinod Chatterji Koul stressed that the press must refrain from publishing content that is manifestly defamatory against an individual. “The content published should be duly verified and there should be sufficient reason to believe that it is true and serves the public good,” the Court said..While acknowledging the right of the press to expose cases of corruption and irregularities, the Court said such reporting however should be based on irrefutable evidence."Truth is no defence for publishing defamatory material against a private citizen where no public interest is involved. Furthermore, the press has the right to expose cases of corruption and irregularities in public bodies as a custodian of public interest but such reporting should be based on irrefutable evidence," the Court underlined.It added that such stories should be published only after due inquiry and verification from the concerned sources. The stories should include the version of the person or authority being commented upon, the Court said further..The Court made these observations while dismissing a petition filed by a newspaper owner and editor in Jammu seeking quashing of the defamation proceedings initiated against him by a retired police officer Dr. Kamal Saini.Saini in the complaint before a Judicial Magistrate in Jammu accused the petitioner Pritam Chand alias Pritam Singh, the owner and editor of Nawa-i-Waqt Azeem newspaper, of publishing false, scandalous and defamatory news items.Challenging the trial order to take cognisance of Saini's complaint against him, Singh argued that the news items published were based on the information received under J&K Right to Information (RTI) Act and the same are nothing but only truth..Considering the submissions and material before it, Justice Koul concluded that headlines of the articles against Saini are "overriding and in contravention to the contents of the material alleged to have been received by the petitioner." "The articles, when read in totality, would indicate that its tenor is clearly to defame the complainant by terming him as a 'corrupt person' who throughout has misused his position of power and is a dishonest person," opined the Court..The Court added that mode and manner in which the headlines of the articles were drafted clearly reflected the intention to defame the complainant.It further reasoned that the material collected by the newspaper was not published purely on the basis of the information received but the editor's own interpretation and opinion was also mixed with it."This in conclusion cannot be protected as free speech protected under Article 19 of the Constitution," the single-judge said while dismissing the revision petition..Advocate Ajay Sharma represented the petitionerAdvocate Anil Sethi represented the respondent-complainant [Read Judgment]

Truth is no defence against publishing defamatory content when no public interest involved: Jammu and Kashmir High Court

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