Editors pick news, not MD: Kerala High Court quashes defamation case against newspaper MD

The Managing Director (MD) of a newspaper usually has no direct role in selecting news items, observed the Kerala High Court recently while quashing defamation proceedings lodged against the MD of a regional newspaper, Rashtra Deepika [Fr. Joseph and another v. Visalakshi and another].

Justice A Badharudeen reiterated that it is the Chief Editor or the Editor, who is responsible for selecting news items.

"It could be held that, it is the Chief Editor or the Editor, who, in the ordinary course, is responsible for selecting the news item and the Managing Director has no direct role in selecting the news items. Therefore, criminal prosecution, alleging defamation against the Managing Director, would not succeed, prima facie," the Court said in its August 6 order.

The Court was dealing with a case in which a complaint had been filed in 2018 against two officials (MD and Chief Editor) of 'Rashtra Deepika' under various provisions of the Indian Penal Code (IPC).

The complaint alleged that a news item published under the heading "Rashtra Deepika Evening Daily" falsely stated that the complainant had constructed a house after misappropriating funds that belonged to the Residence Co-operative Society in Kunnathur.

The MD as well as the Chief Editor challenged the defamation complaint and the ensuing trial court proceedings.

The MD argued that he is not primarily responsible for publishing a news item and therefore, could not be prosecuted for the allegedly defamatory publication. The Court agreed with this submission and quashed proceedings against the Managing Director.

The Court, however, declined to quash the case against the Chief Editor (now former Chief Editor) and allowed the trial court proceedings to continue against him.

"Accordingly, all further proceedings as against the 1st accused/1st petitioner herein in C.C.No.128/2018 on the files of the Judicial First Class Magistrate Court, Sasthamcotta, stand quashed, while allowing to proceed against the 2nd accused/2nd petitioner herein, as per law", it said.

Advocates Jomy George, R Padmaraj, M J Benny, Chitra N Das, Rishab S and Rona Ann Siby appeared for the petitioners, the Managing Director and Chief Editor of Rashtra Deepika.

Advocate MR Sarin represented the complainant.

Public Prosecutor MP Prasanth represented the State of Kerala.

Advocate Firoz KM appeared as amicus curiae.

[Read Order]