The Bombay High Court refused to stop Republic TV from reporting on Anil Ambani but warned the channel to avoid defamatory and disparaging language. The Court said media can report news, but “below-the-belt” remarks will not be tolerated.
The Bombay High Court on Wednesday told Republic TV and its Editor-in-Chief Arnab Goswami to reduce the aggressive tone and rhetoric used in their reporting about industrialist Anil Ambani. The Court was hearing a defamation case filed by Ambani against ARG Outlier Media, the company that owns Republic TV, along with Arnab Goswami and some unknown persons (John Doe parties).
Ambani alleged that certain news reports about his financial transactions were defamatory and had seriously damaged his reputation, and therefore he requested the Court to grant a temporary injunction to stop such content.
During the hearing, Justice Milind Jadhav made it clear that the Court was not stopping Republic TV from reporting news related to Anil Ambani. However, the Court said that the channel should avoid using offensive, insulting, or disparaging language while reporting. The judge clearly warned the channel about maintaining responsible journalism and avoiding personal attacks while covering news stories.
The Court said,
“Otherwise I will pass the order. Of course you are the fourth estate, but no adjectives which will be disparaging”.
The judge further said,
“At the end of the day, disparaging remarks, insinuating below the belt. There will be nothing below the belt. Please run your stories, your stories are in fact what the nation wants to know,”
the judge said.
Ambani’s lawyer, Advocate Mayur Khandeparkar, showed the Court certain materials and news content which he claimed were defamatory and part of a continuous campaign against Ambani. He argued that the reporting done by the channel was not simple news reporting but a targeted attempt to damage Ambani’s public image and reputation.
He told the Court,
“These are continuous and it is like a smear campaign,”
he said.
On the other hand, Senior Advocate Mahesh Jethmalani, appearing for Republic TV and Arnab Goswami, requested the Court to give time to file a detailed reply in the case. He argued that whatever was said on the channel was based on facts and should be protected as fair comment and truth under defamation law.
He told the Court that the reply would be a defence of justification. He argued,
“Everything I have said is true and, secondly, fair comment.”
However, the Court did not fully agree with the “fair comment” argument at this stage and said that Republic TV could file its reply, but until then, the channel should avoid using such language. The judge made it clear that the media could continue reporting on matters related to Ambani, especially if based on official documents or orders, but the language used should not be insulting or defamatory.
The Court said,
“In the reply you can say that every word that I have used is fair. But till you file a reply, refrain from using those words. Otherwise it will not be fair,”
the judge said.
The judge also spoke about the role of media in a democracy and said that media plays an important role in informing the public. The Court recognised that the public has a right to know important financial and corporate matters, and therefore the Court was not stopping the channel from reporting news.
The judge said,
“Ultimately it is the right of the public to know. This is one of the fairest medium in today’s time.”
During the hearing, Senior Advocate Mahesh Jethmalani also argued that the channel was using language similar to what had been used in certain orders passed by adjudicating authorities. While defending the channel’s reporting, he made a strong statement and said,
“He is not a financial wizard, he is a financial scammer,”
he said.
However, Justice Jadhav again warned the channel to maintain limits in language and avoid personal attacks or statements that go “below the belt.” The Court reiterated that reporting on official orders and financial matters is allowed, but the tone and words used should remain responsible and within legal limits.
The judge finally warned that if the channel continued to use such language despite the Court’s warning, the Court would immediately take action. The judge made it clear that his Court would not tolerate violation of its directions and would step in if necessary.
The judge said,
“My court functions differently. In my court, suppose if ARG Outlier does not listen and today he runs a story to repeat the mistake. Then tomorrow morning, anybody can stand in line and I will immediately step in,”
the judge said.
The matter will now continue after Republic TV files its detailed reply, where it is expected to defend its reporting on the grounds of truth and fair comment, while the Court will examine whether the content amounts to defamation and whether any interim relief should be granted to Anil Ambani.
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