The Madras High Court recently upheld a civil court's ruling directing Sun TV to pay over ₹10 lakh in damages to actress R Sukanya for broadcasting defamatory remarks made against her by infamous bandit Veerappan in 1996 [Sun TV Vs Sukanya].Justice K Kumaresh Babu dismissed Sun TV's appeal against the 2015 verdict of a Chennai court, observing that the channel had failed to verify the contents of the interview. The Court found that Sun TV neither sought a clarification from Sukanya nor independently cross-checked Veerappan's claims with other sources.It noted that Sun TV had editorial control over the interview since under its agreement with the interviewer Rajagopal, the channel had the right to edit, cut, delete, modify or alter any part of the interview."Having reserved the right to edit, cut, delete or modify, alter and add any portion with an unrestricted right, it is the duty that is enjoined upon the appellant to verify the contents of the interview before its publication," the Court ruled..Sun TV had broadcast the interview conducted by Rajagopal, also known as RR Gopal, with the bandit Veerappan on April 17, 1996. During the interview, Veerappan made certain unverified claims about Sukanya's alleged relationship with former Prime Minister PV Narasimha Rao's son. He claimed that a video of them was used by former Tamil Nadu Chief Minister J Jayalalithaa to strike a deal with the Congress before the 1996 general elections.Sukanya filed a defamation suit in 1996 denying the allegations as false and defamatory. She argued that the remarks damaged her dignity and reputation among family, friends and the public. She initially claimed damages of ₹1 crore. However, she later restricted her claim to ₹10,00,500..The trial court on April 15, 2015 directed Sun TV to pay ₹10,00,500 to Sukanya. It also restrained the channel and Rajagopal from republishing Veerappan’s defamatory claims.Sun TV filed an appeal against this order, arguing it could not be held liable as the channel was not the originator of the statement.The channel added that it did not re-telecast the programme after receiving notice from Sukanya. It also relied on the regret published in a Tamil magazine..However, the Court dismissed the appeal after finding that Sun TV had not exercised due diligence to verify Veerappan's claims. It also declined to grant the channel any relief based on the subsequent regret. The apology had been published in a Tamil magazine. "If such a regret [had] been published in its own broadcast, it would have reached the very same viewer who would have viewed the publication it had made earlier. This itself would show malice on the part of the appellant in only opting to give a regret in a third party magazine, which was also not substantiated to have wider reach than its viewers," the Bench said..The Court also rejected Sun TV’s argument that Sukanya had not proved loss of reputation due to the interview. It thus found no reason to interfere with the trial court decision and dismissed the appeal. .Advocate R Palaniandavan appeared for Sun TV..Advocate Perumpulavil Radhakrishnan appeared for SukanyaAdvocate PT Perumal appeared for Rajagopal..[Read Judgment]
