Abusive remarks cannot be viewed as legitimate criticism: Delhi HC on Newslaundary defamation case

THe new delhi heights margaret court on fri held that calling a word organisation’s output s*** or making derogatory remarks about its journalists amounts to defamation and cannot be justified as “legitimate criticism.”A bench of justices C Hari Shankar and Om Prakash Shukla said this while directing digital news platform Newslaundry to take down allegedly disparaging videos and posts about the TV Today Group and its channels, Aaj Tak and India Today.“Terms such as “s*** standards” and “s*** reporters” clearly go beyond the realm of criticism or review and are defamatory and disparaging and therefore, intended to demean the plaintiff’s reputation. There is no legitimate defence for calling the plaintiff’s work “s***” or making derogatory remarks about its journalists. Such statements, in our view, cannot be protected under the guise of fair dealing or legitimate criticism,” the court held.The division bench’s comments came while hearing cross appeals filed by TV Today and Newslaundry against the single judge’s court order from July 2022.In that judgment, the single judge declined to direct Newslaundry to take down the allegedly defamatory content .The single judge’s ruling came in a defamation suit filed by TV Today, which alleged that programmes aired by Newslaundry on its digital and social media platforms had tarnished its reputation and were defamatory. TV Today further contended that Newslaundry had infringed its copyright by reproducing and publishing portions of its original broadcasts and telecasts.Newslaundry’s counsel before the division bench opposed the petition, contending that the statements in question were made within the scope of satire and parody, and constituted fair dealing like review and criticism, without any malice towards TV Today. He further argued that any adverse order would have a chilling effect on the fundamental right to freedom of speech and expression. He added that fair criticism, even if expressed in harsh language, is not defamation.Rejecting Newslaundry’s contention, the court in its 43-page judgment held that the statements were ex facie disparaging and that their continued availability online would harm TV Today’s reputation. It further aid that Newslaundry’s self-proclaimed status as upholding the highest standards of journalism and acting as a “protector of public interest” cannot justify making disparaging remarks against TV Today.“The defendants have self-awarded the title of the “highest standard of journalism” and claim to be protectors of public interest. This self- entitlement cannot serve as a blanket justification for disparaging remarks. The tone of the statements made by the defendants appears to be one of intolerance rather than constructive criticism. Thus, defendants’ conduct appears to be an unprovoked attack on the plaintiff’s reputation rather than a critique aimed at improving public discourse,” the court saidin its judgment.