No bar on reporting facts but don't add embellishments: Bombay HC to Republic TV in Anil Ambani defamation case

The Bombay High Court on Thursday cautioned news channel Republic TV and its editor Arnab Goswami against adding embellishments to its coverage of court proceedings [Anil Ambani v. ARG Outlier & Ors].Justice Arif Doctor remarked that while no one could be stopped from reporting on legal proceedings, such reporting must be confined to facts emerging from court orders and records. “Please report all of that. No one is stopping you. But there is no need to add embellishments,” the judge said.The Court was hearing industrialist Anil Ambani’s defamation suit against Republic TV’s owner-company, ARG Outlier..“These embellishments need not be there. If you are reporting facts from judgments, orders, please do. No question. That is your justification. But embellishments over that need not be there,” the Court observed. .The judge also drew a line between factual reportage and commentary that rouses interest in a case. “Public interest in knowing is one thing. Can you evoke and rouse their interest by adding embellishments is another,” the judge said. Justice Doctor indicated that the dispute could be settled, and was ‘imminently resolvable’. "Why can't this entire matter be resolved? Why must a truth like this lie? I mean, putting egos and tempers and all aside," the judge asked.He eventually declined to pass any restraint order and posted the matter for further hearing on April 29..Ambani moved the Court raising grievance that broadcasts on Republic TV went beyond fair reporting. Advocate Mayur Khandeparkar, appearing for Ambani, argued that the reportage built a ‘damaging public perception’ about him. “I don't think any kind of fair reporting can possibly be invoked to justify trying to assassinate somebody's character,” he argued. The plea sought a temporary injunction against ARG Outlier (the company that owns Republic TV), Goswami and other unknown entities (John Doe parties).During an earlier hearing, the Court had asked Republic TV and Goswami to bring down the rhetoric in his reporting.Senior Advocate Mahesh Jethmalani appeared for Republic today and maintained that the channel's reporting fell within the confines of 'fair comment'. “There is much more latitude, especially for the freedom of the press. And public interest in knowing, including inference statements made by journalists”, he said. He also said that if Ambani provides a list of comments to which he has objections, they could be reconsidered if Republic feels that such comments are truly offensive..The Court eventually posted the matter for further consideration on April 29..Khandeparkar was briefed by advocates Ameet Naik, Madhu Gadodia, Anand Mohan and Aryan Garg from Naik Naik & Co. Jethmalani was briefed by advocates Zoeb Cutlerywala, Vikram Kamath and Advait Shukla from Phoenix Legal. .Earlier too, the Court had refused to curb Republic TV from reporting on Anil Ambani, but had said that it should not publish "below-the-belt" news. .[Read Live Coverage]