The Delhi High Court, on Friday, 29 July, said that the right to criticism is a "facet of free speech" while refusing to grant interim relief to TV Today Network in their defamation and copyright infringement suit against online portal Newslaundry.
The court, while declining to direct Newslaundry to take down its allegedly infringing videos containing clips of India Today and Aaj Tak, said:
"The right to comment on content on social media or TV channels is a facet of free speech under the Constitution. It will be in the interest of public that every broadcaster has the right of criticism and review even in relation to programmes created by others."
Justice Asha Menon, who was hearing the case, noted that the dissemination of a spectrum of information would result in a better informed society.
While acknowledging that the right to privacy and reputation cannot be violated in the garb of freedom to comment, the court added that "other than that the ability to express an opinion must be freely available."
It also pointed out that while some of the contents, as listed by the plaintiff, were “ex-facie defamatory/disparaging,” balance of convenience tilted in favour of the defendants.
The TV Today Network, which owns the India Today and Aaj Tak news channels, had filed a lawsuit in the Delhi High Court in October 2021 alleging that Newslaundry's digital shows like TV Newsance, NL Tippani and articles have "ridiculed, defamed (the TV Today Network), its news channels, its anchors, its employees and management."
The suit was filed against Newslaundry, its CEO and founder Abhinandan Sekhri, its directors and several of its journalists and editors, including Manisha Pande, Ayush Tiwari, Atul Chaurasia, and Hridayesh Joshi.
It is also alleged that the media watchdog's use of clips from India Today, Aaj Tak, and Good News Today in their shows criticising TV Today's channels and journalists, violates the Copyright Act as they have been used without permission or licence.
'Satire Must Be Encouraged and Protected'
Commenting on Newslaundry's shows, the court said the “creative genre” of satire, which is included within the ambit of freedom of speech, must be encouraged and protected.
It added that since the defendants also claim that their programme is satire, a trial would be required to examine whether the content in question is satirical or malicious.
“It must be self-evident and by its very character can never be a case of copyright infringement or defamation or even disparagement. Satire cannot be explained or else it would lose its flavour,” the court said.
Adding that satire allowed criticism of those in power, the court said that the satirists have been greatly respected in our culture.
“Examples that come to mind are 'Ottamthullal' and the 'Chakiyaarkoothu', both in Kerala. Sharp use of language conveys the message intended by the artists, but in a cultured and nuanced manner. Such creative genre must, without doubt, be encouraged and protected,” it said.
(At The Quint, we question everything. Play an active role in shaping our journalism by becoming a member today.)