Not a gag on media but don't report on parenting of children: Bombay High Court in Shilpa Shetty defamation suit

The Bombay High Court on Friday directed media houses and social media platforms to ensure that videos made against Bollywood actress Shilpa Shetty in relation to the arrest of her husband Raj Kundra in a porn film racket case, are not uploaded back online (Shilpa Shetty Kundra vs. Clapping Hands Pvt. Ltd.).The Court also clarified in his order that none of the reportage on Shetty should pertain to the parenting of her children."That part is protected by her right of privacy under the wide protection recognised by Supreme Court and freedom of press has to be balanced with right of privacy," his order stated..Single-judge Justice GS Patel, however, stated that the order should not be construed as a gag on media and also refused to grant any other interim relief sought by Shetty..The Court was hearing a petition filed by Shetty seeking an order restraining publication of incorrect, false, malicious, and defamatory information against her on social media and websites in connection with the arrest of Kundra..The Court stated that he was not inclined to grant any relief at this stage as the allegations in the suit required some amount of scrutiny as at the ad-interim stage it was not possible to assess if the statements were indeed defamatory."Whether this is malicious or reckless disregard to the truth or made knowing it to be false, we will consider on another day", the Court said. .Having said so, he clarified that just because an ad-interim relief was not granted by the Bench did not imply that the application had been rejected or that Shetty had conceded to not press for urgent reliefs. "No part of this order be construed as a gag on the media. I am making no order, but this is not refusal of interim or ad interim relief," Justice Patel said in his order. .Media houses like The New Indian Express, India TV, Free Press Journal, NDTV, and social media giants Facebook, Instagram, and Twitter, among others were made defendants in Shetty's suit.The plea was moved today to seek interim injunction against the defendants..Senior Advocate Birendra Saraf clarified that while he was not seeking pre-censorship or gagging of media, however, the defendants had been smearing her reputation with the aim of sensationalizing news and increasing their readership and viewership..During the hearing, Justice Patel asked Saraf to point out specific instances where individuals were publishing content for "salacious purposes or mischievous purposes".In response, Saraf pointed out certain videos put out by Capital TV, Heena Kumawat (founder of Film window) and Shivkant Gautam, defendants in the suit. However each defendant, it was informed to the Court, had taken down respective videos.Justice Patel ordered that what had been taken down, shall not be uploaded again. .Saraf appeared along with Advocate Abhinav Chandrachud briefed by Parinam Law Associates appeared for Shetty..Shetty filed the application after Kundra's bail plea was rejected on July 28 by Metropolitan Magistrate. .Kundra was arrested by the Mumbai Police on July 19, 2021 and remanded him to police custody till July 23, 2021, which was extended till July 27. Thereafter, the Magistrate remanded him to judicial custody for 14 days..A co-ordinate bench of the Court will be hearing Kundra's petition assailing his remand to police custody and all subsequent orders passed by the Mumbai Magistrate Court in relation to a pornographic film racket case on Saturday.