Kerala High Court quashes defamation case against Malayala Manorama, flags unwanted cases against media

The Kerala High Court recently flagged concern over the large number of "unwanted" cases against media outlets, while quashing a criminal defamation case against the Kerala daily newspaper, Malayala Manorama [Malayala Manorama Co Ltd & ors v State of Kerala & anr]..Justice A Badharudeen stressed that defamation proceedings should not be invoked to stifle accurate news reporting.The Court expressed concern over the increasing number of unwarranted defamation cases against newspapers and media personnel, even when the news reported is accurate. The judge observed that such false defamation cases infringe on the freedom of the press and the right of the public to be informed, which could lead to serious consequences for democracy."Hurdle on freedom of the Press is not democracy and the same leads to mobocracy. No doubt, freedom of the Press and the right of people to know the news shall be subject to restrictions imposed by law. If accurate reportage of the news is encircled as defamatory, without having the essentials to constitute the said offence, the same will stand in the way of freedom of the Press," the Court said..The Court proceeded to urge trial courts to exercise caution while dealing with defamation cases that concern the freedom of press."Judicial officers presiding criminal courts in the District Judiciary, are specifically directed to be more vigilant in future, while taking cognizance, alleging commission of offence of defamation against newspapers and media persons, so as to ensure that, cognizance shall be taken only when the ingredients (of defamation) are made out and such exercise shall not be in a callous and mechanical manner," the High Court ordered.The Court added that if such caution is not exercised, dangerous ramifications may ensue and the same would infringe the freedom of the press and people’s right to know, which is guaranteed under the Constitution..The case before the Court concerned a news article published by Malayala Manorama on February 20, 2017, which reported that a municipal councillor had personally removed the waste materials found lying on the compound of the Advaita Ashram in Aluva.The councillor alleged that the article was defamatory and filed a defamation case against the newspaper, the article's reporter and its editor.A trial court took cognisance of the criminal complaint, which was then challenged before the High Court by the newspaper and its accused employees (petitioners).The petition before the High Court was opposed by the councillor, whose lawyer argued that the defamatory nature of the article would be evident once the background facts were examined. On July 31, however, the High Court quashed the case after noting that the publication complained of was merely a factual report that was published without any intent to harm anyone's reputation..The petitioners were represented by advocate Millu Dandapani.Senior Public Prosecutor Renjit George appeared for the State.The municipal councillor was represented by advocates Manoj Ramaswamy, Jolima George, Aparna G, and CB Sabeela..[Read Order]