The Delhi High Court strongly criticised Newslaundry journalist Manisha Pande for using the word “shit” while commenting on TV Today Network’s content, calling it gross and indecent. The Court warned that such language could invite serious observations and orders that may severely affect her professional career.
New Delhi: The Delhi High Court on Thursday strongly objected to the language used by Manisha Pande, a journalist with Newslaundry, in a video related to TV Today Network, which owns Aaj Tak and India Today.
A Division Bench of Justices C Hari Shankar and Om Prakash Shukla said that the use of the word “shit” by Pande in connection with a video about Good News Today, a channel run by TV Today, was “gross” and clearly insulting. The Court said such language crossed the limits of decency expected from a journalist.
The Bench went on to issue a strong warning, stating that it could pass observations or orders that may seriously harm Pande’s professional career.
The Court remarked,
“Are you continuing with anchor? She should be thrown out. She has no business being a reporter. She doesn’t know the basics. She doesn’t know the fundamentals of decency in reporting. We will make this statement in open court. We will comment on her personally. We won’t mind impleading her as a party. There has to be a limit to everything… We may pass an order which will place her entire career in disarray,”
Senior Advocate Rajashekhar Rao appeared on behalf of Newslaundry. He told the Court that although he personally did not agree with some of the language used in the videos, the lawsuit filed by TV Today was not really about the choice of words.
He argued that the case was actually about Newslaundry questioning and scrutinising the functioning of mainstream media.
Rao stated,
“I take their clip and comment on it. Yes, I should have used better language. But somebody wants to shut me down,”
The Bench made these observations while hearing appeals filed by both Newslaundry and TV Today against a previous order passed by a single judge. The original suit was filed by TV Today alleging copyright infringement, defamation, and disparagement by Newslaundry.
Back in October 2021, TV Today had approached the High Court claiming that Newslaundry had published videos and articles that damaged its reputation. According to TV Today, these publications contained “false, malicious and derogatory” statements against its news channels, anchors, and management.
On the other hand, Newslaundry maintained that its content amounted to criticism and satire, which is protected under the right to freedom of speech and expression.
In an order dated July 29, 2022, the High Court refused to grant interim relief to TV Today. However, both sides challenged that order. TV Today argued that the Court should have granted protection against Newslaundry’s content, while Newslaundry contended that the observation that a prima facie case existed against it could adversely affect its reputation.
During Thursday’s hearing, advocate Hrishikesh Baruah appeared for TV Today and referred to several videos published by Newslaundry. He submitted that the remarks made by Pande and Newslaundry co-founder Abhinandan Sekhri were clearly disparaging.
He also argued that Newslaundry used TV Today’s video clips for a substantial duration, which, according to him, went beyond fair use and amounted to copyright infringement.
While objecting to the use of the word “shit” by Pande, the Court also made it clear that TV Today cannot label every critical or uncomfortable video as disparaging.
The Bench observed that phrases used by Newslaundry such as “method anchoring”, “thoda drama thoda gimmick (little drama, little gimmick)”, “soap opera”, or “killing sports journalism Aaj Tak style” amounted to criticism and commentary, not disparagement.
The Court remarked,
“Every word that they say is ot disparaging. This is commenting on what youa are showing. This is criticism. How is this disparaging? She is saying that you are doing it for cheap thrills, that’s not disparaging… Even if he says your programme is absolute nonsense, that’s not disparaging, that’s a comment,”
Advocate Bani Dikshit, also appearing for Newslaundry, clarified that Newslaundry had never claimed ownership over Aaj Tak or India Today videos. She further argued that certain expressions, including “nanga nach (nude dance)”, must be understood in the context in which they were used.
Towards the end of the hearing, Senior Advocate Rao told the Court that Newslaundry was founded on the belief that the media has historically stood up for the country during difficult times, but that this role has changed over the years.
He added,
“We [media] are conscience keepers of democracy,”
The Bench, however, clarified that it did not wish to comment on the current state of the media.
Justice Hari Shankar said,
“We don’t want to express our views about what the media is doing. We are restricting ourselves,”
After hearing all sides, the Division Bench reserved its judgment in the appeals.
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