Media has right to publish news with necessary comments: Kerala HC quashes defamation suit against Malayala Manorama

Malayala Manorama Law Insider In

Astha

The Kerala High Court has quashed a defamation suit against the Malayala Manorama Daily’s Chief Editor, Publisher, and Managing Editor.


The complaint was filed by one R Chandrasekaran and three others against a vigilance report.


The High Court had observed that the report published by the newspaper was true with the facts.


The report had accused Chandrasekaran and three others based on the Vigilance Department’s enquiry.


The High Court said, “What is reported is the true version of an enquiry report submitted by the Vigilance Department against the defacto complainant and three others. It is the duty of the fourth estate to publish all news materials, especially having public importance.”

“It is their further duty to comment on the news material with its pros and cons so as to enlighten the society to remain vigil on the matters of public importance. It would squarely come under the first exception attached to Section 499 IPC, when it is done with bonafides for the public interest,” said Justice P Somarajan.

The Court said that news published with necessary comments would not amount to defamation under Section 499, unless made with malafide and lacks public interest.

The Court further said that it would amount to an offence if the “imputation of truth” is done for the public good.

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