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‘You cannot run maligning campaign’ — HC to Republic, Times Now on Bollywood producers’ plea

Delhi HC Justice Rajiv Shakdher’s bench asks Republic TV & Times Now not to upload ‘defamatory content’ on social media or their channels.

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New Delhi: The Delhi High Court Monday issued notices to Republic TV and Times Now on a petition filed by 34 leading Bollywood producers and four industry associations, to restrain the two channels from holding a “media trial” against film personalities and interfering with their right to privacy.

According to the petitioners, the two channels have dubbed Bollywood personalities as “criminals”.

A bench led by Justice Rajiv Shakdher directed Republic TV and Times Now not to upload “defamatory content” on their social media accounts or display it on their channels. He even recorded an assurance given by the counsel for the two channels that they will follow the Programme Code and Cable TV Rules.

“From hereon I expect them to follow the code,” Justice Shakdher remarked orally while hearing the petition, which has assailed the “irresponsible, derogatory and defamatory” remarks made by the two channels against Hindi film industry and its members in the wake of Sushant Singh Rajput’s death and the subsequent arrest of his friend Rhea Chakraborty.

In the suit, filed on 12 October, Republic TV’s Editor-in-Chief Arnab Goswami and Consulting Editor Pradeep Bhandari, and Times Now’s Editor-in-Chief Rahul Shivshankar and Group Editor (Politics) Navika Kumar have been named as respondents.

Justice Shakdher also said there is a law, and some people have to be told that it has to be followed.

“The defendants cannot say I cannot follow the law,” he added when Malvika Trivedi, counsel for Republic TV, said one case cannot be a reason for the court to “make a law”, and that it cannot ignore the media’s contribution in keeping the public informed.

The bench posted the matter to 14 December for further hearing. It asked the respondents to file written statements in two weeks and also permitted the petitioners to submit their rejoinder before the next date of hearing.


Also read: Bollywood has finally spoken, because Modi selfies aren’t really helping


‘Participants use curse words because they get so excited’

Production companies, including those run by Salman Khan, Aamir Khan, Shah Rukh Khan, Karan Johar, Farhan Akhtar and Ajay Devgn, have requested the court to direct Republic TV and Times Now the channels to refrain from making irresponsible derogatory and defamatory remarks against Bollywood personalities and those associated with the industry.

“The livelihood of persons associated with Bollywood is being severely impacted by the smear campaign being run by the defendants. This is in addition to the ongoing pandemic which has resulted in extreme revenues and work opportunity loss,” reads the suit filed by the law firm DSK Legal.

Senior advocate Rajiv Nayyar, appearing for the petitioners, said it all started with reportage on Sushant Singh Rajput’s death by suicide. “Suicide became murder, Bollywood became criminals, drug peddlers, ISI, pro-Pakistani jihadis,” he argued.

Courts have traditionally, in the past, expressed hope about self-regulation, submitted senior advocate Akhil Sibal, appearing for the industry associations. “So they (courts) have been circumspect. But the point is it (course correction) is not taking place,” he said.

Justice Shakdher accepted Sibal’s viewpoint and said: “You are right, we expect fair reportage.” The judge opined there needs to be some “toning down”.

“There are orders of NBSA (News Broadcasting Standards Authority), but it seems that news channels are not following that,” he said.

Senior advocate Sandeep Sethi, appearing for Times Now, disputed the maintainability of the suit. According to him, those aggrieved by the reports are not before the court, given that in matters of defamation and privacy, third parties have no locus to maintain an action.

But the bench asked Sethi to rise above his brief, and sought answers on “larger issues”. “What is it that should be put in place to change the way the reporting is carried out? All kinds of things are shown,” the judge said.

“Have you seen the kind of language used? Now participants are using curse words on live TV channels because they get so excited. If you keep egging them on, that is what happens,” Justice Shakdher said.

The judge asked Sethi to respond to his query as an “officer of the court”. “What is the next step here if you do not follow self-regulation?” the judge asked him.


Also read: How did leaked Bollywood ‘drug chats’ affect WhatsApp? Its downloads saw 25,000/day jump


‘There is no civility in discourse’

Justice Shakdher also made it clear that the court’s concern was limited to the manner of reporting and not what should be reported. “Of course, you can investigate, but you cannot run a maligning campaign. It is the manner of reporting. There is no civility in discourse,” he said.

He narrated an incident where a person was lynched due to incorrect and malicious reporting by the media.

“You are prejudging. There is more opinion, less news. What are we to do about this? It is a general remark across the board. All of you have to think about it. It is a little disheartening and demoralises everyone. Even trained minds get affected,” the judge said.

He noted that when a charge sheet is filed in England, the accused person’s identity is disclosed as “person of interest”. “Here there isn’t even an FIR and people start identifying the person,” he remarked.


Also read: Why India needs to re-look at messy drug laws, and not go for ‘Bollywood clean-up’


 

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38 COMMENTS

  1. All other media houses except for Republic Bharat and Times Now have sided with the Mumbai Govt and Mumbai police in Sushant Singh Rajput’s case. Was that not prejudice? The media which supports the mighty are not questioned and the media which sides with the aggrieved are questioned for media trial. The Print itself has been biased . We the common people have a VOICE which will be evident more from now on. We side with Republic and Times for honest representation .

  2. The hot bedded issue of the ‘Media Trial’ occasionally crops up across the country. It may be most appropriate if the SC decides this matter by taking a ‘suo motto’ note of the ongoing developments in the national visual media.

  3. Let all such cases pertaining to the so called ‘Media Trial’ be transferred to the Apex Court for it’s “Once and for all” Verdict.

  4. This is ridiculus. Bollywood is full of junks. They have made a fun of themselves. They produce movies which degrade our country but now when some media is exposing them people are coming for their defence…Is it wrong to say ugly ..bad….lets boycott them…lets stop going to movie theatres…people like karan johar produce bogus movies, so criticizing th is good…

  5. When Bollywood came to news, the news editor is jailed.
    Such is the might and power of the khans.
    Everyone else is merely a pawn in this pursuit including police and politicians.
    Good luck India

  6. ? Recently journalists have become even orse than politicians by their words. They don’t give “factual” news they give ” judgemental news”. They instigate people in a manner that would lead to civil unrest and civil war rather than civilised peaceful solutions.?

    ?People who encourage such blind hatred and uncivilized behavior have no idea that it will turn around and hit them back as well. What goes around comes around. ?

  7. So the nuts who call the PM a thief is ok?

    Can the same judiciary take up defamatory issues and anti national narratives and take action?

    • It becomes a contempt to question the court… I was told if you argue for traffic offence fine will keep increasing so plead guilty and pay the fine… This was when I just started working ever since I have been against corruption.. I hate the corrupt and wonder what uf the same injustice is meted to them they may pay with corrupt money. But where is the conscious… In many cases it clear even to the court who is guilty alas they depend on evidence….

  8. Forget Mumbai film personalities. This paid media specially Republic TV consider themselves as the supreme power of this country. It is so much that they have been continuously airing propaganda, criticizing HC’s decision of rejection of their owner’s bail application. Openly, they and few sponsored lawyers most of them are not involved in the case even, are raising fingers on India Judiciary system. Why shouldn’t the Court take cognizance of this mala fide action of Republic TV and take necessary steps against them?

    • What a out the fake narratives by lutyens media, narratives by antinational politicians , who sing in tune with isi, pak? Can it be tolerated?
      Problem is that calling spade a spade is crime in India. Drug peddlers will be called drug peddlers only and not onion peddlers?

  9. Decorum should be maintained every where!!

    In SSR’s case investigation is still going on and Murder angle is not denied yet!! How can petitioner’s lawyer present it in the court as a fictious, Suicide to Planned murder and Bollywood Drug Syndicate n it’s link with ISI ….. doesn’t he placing false Drishyam!!

    This is the power of Social Media which makes the public more aware and well informed with a very fast speed!!

    The days are not far when the judicial hearing and other related practices will be done Online!! (AI, Cloud,Quantum Computing is answer to it)………. The only thing lacking is true and real intention to protect the truth’!!

    You cannot expect the honesty from the ill intended people’s , it is very costly!!

    Where are we taking our society, when these Bollywood goons (most of them without having even a basic education upto 10th. Standard), pretend and portray to take Drugs is just a fashion!!

    The time of Dialysis in all sector is required very seriously!!

    If so called Intellectual and related governance is not working and keeping silence on this situation, it means they are also party to it!!

    How can u arrest a person (AG) without a proper notice on the base of 2 year old closed case, and not following the proper protocol related to re-opening it!!

    Second thing same police force has not lodged an FIR still on SSR’s case, now they are super active for framing AG by all means!!… Remember Hansha people went to SC against same police force who are pressuring them illegally to speak against AG on TRP case-: Where as TRP episode it self is the blunder done by Mumbai Police! Have they acted against the actual scamster (Aajtak)!
    Now or never truth should be revealed and true justice should be prevailed!!

    When the Justice will be done without bais to all citizens of the nation, Then only u can see the true “Ram Rajya”!!

    AG should be booked for the case’s which he dealing with, if he is wrong , like, Palghar, SSR’s Murder Mistry, Hathras, exposing Mumbai Police commissioner, yes finally he is the culprit of being Nationalist – SANATAN Way!!!… NO Need to frame him in the old case’s!!

  10. Both these channels are pro BJP and they sincerely obey their masters voice .The court should issue structures to them for being Biased

  11. Both these channels are pro BJP and they sincerely obey their masters voice. They care less for the truth or for humanity .Btw the court should issue structures to such Biased media.

  12. Time we put an end to demonisation in politics — with a big media group and another conniving with a big political player. We should, afterall, follow the world’s greatest democracy in this regard.

  13. Since the secret details were about to come out in public, the so called Bollywood veterans nd others thought, arey bhaibefore anything is leaKed,lapak ke japhat lo ARNAB ko.
    Phir sochenge SSR sa ¿
    It’s an insult to journalism and mockery before the entire world. Shame

  14. The same applies to political parties also.
    Congress is always involved in maligning BJP with no base at all.
    So also DMK AND ALLIES in Tamil nadu maligning Hindus and Hinduism.
    Caricaturing Hindu God’s in obscene ways and still no action taken against them.

  15. Bollywood preferred Delhi High court to Bombay High Court. Is it coincidence or deliberate? Or they have no faith on Bombay High Court. Further if producers are serious, they should have filed defamation case. But they opted other recourse.

  16. The media has been irresponsible on the whole. All media channels have their agenda and narrative. I wish the learned judges could also observe the media mutiny when they selectively talk about caste religion and political parties to suit their narrative. The paid media propaganda and allegiance to their political masters should also be tackled. The reporters thrusting their opinions and influencing the viewers with blackened screens too should be taken to task. The Jamia narrative, Anti CAA glorification, misleading information too should find mention in the case and the print as well as social media too should be held accountable for inciting riots like situation.

  17. So Delhi HC means that maligning Hindutwa or interfering with Hindu customs is right of all and HC. Bharat Tere Tukde Jonge is right. Who is HC. We the people of India are above HC and SC. HC should remember this.

    • Did court say tukde tukde hoge whatever was right ? If I’m telling you that the bitter gourd is bitter, I’m not telling you that the citrus fruit is sweet.

  18. Personal Damage to Reputation and Carrier of Rhea Chakraborty has been inflicted by these SCOUNDRELS of Republic TV – Arnab Goswami , Praddep Bhandari, Times Now – Mrs Navika Kumari…..by airing Sushant_Suicide as Sushant_Murder to meet their selfish TRP Boost for Advertising Revenue during April – July 2020. This additional revenue generated during these 4 months is PROCEEDS of CRIME which must be CONFISCATED by ED….They must be interrogated in POLICE CUSTODY for 14 days to determine “Why they started barking like MAD DOGS with 1000 TV Reporters Chasing Rhea.

  19. “Nationalists” like Ajay Devgn and Akshay Kumar have shown their true colours by being a part of this lawsuit. These two prominent Bollywood personalities have been completely unmasked now. As long as the noble spirit and sentiment of nationalism fattens their bank balances they play along. Unfortunately, when it does not do so, they quite conveniently ditch it and team up with pro-Pakistani Bollywood personalities like Shahrukh Khan, Salman Khan, Farhan Akhtar and Karan Johar.

    • Madam/Sir,
      Our ‘All Knowing, Beloved, Respected, Super Human, Friend of DOLUND TRUMP’ also went to Pstaan to have bitiyaani, secretly.
      What about that????
      I rest my case, loud and clear.

    • How convenient .. if u dnt like a persons action or respose or imaginary action u port them to pakistan .. the rest all desh bakths .. what a nationalist mentality .. a true indian .. proud moment to hear such thoughts among indians ..

    • Wait a min. Your concept of nationalists and pro-pakistanis is very bleak. I’d advice you to quit social media for few days and reconsider your thoughts.

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