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LATEST NEWS UPDATES | Times Now judgement: Media bodies express 'deep dismay' at SC ruling

Times Now judgement: Media bodies express 'deep dismay' at SC ruling

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published Published on Nov 19, 2011   modified Modified on Nov 19, 2011

The Editors Guild of India has expressed its concern at the implications of Monday's ruling of the Supreme Court, rejecting a Special Leave Petition seeking a stay against a high court order asking the Times Now channel to deposit Rs 100 crore as a pre-condition for hearing its appeal.

"While recognising that the law of defamation is an important qualification of the fundamental right to freedom of expression, the Guild believes that the law of defamation has to be construed in such a manner that it does not constrain the normal functioning of the media," the Editors Guild said in a statement.

It added, "An unintentional error because of a technical mix-up is in a different category from malicious or intentional libel. If inadvertent errors were to be met with punitive fines, it would make it difficult and indeed hazardous for journalists and media organisations to carry out their professional duties."

The Guild noted that in the present case the photograph of Justice P B Sawant was shown mistakenly as being involved in the Ghaziabad district court Provident Fund scam because of the similarity of names with another judge.

"There was no malice. The error was corrected within 15 seconds, and for five days the channel issued a public apology to the wronged judge," the statement added.

The Foundation For Media Professionals (FMS) has issued a statement expressing its "deep distress" at the Supreme Court not giving relief from deposit of Rs 100 crore in cash and bank guarantee as a condition laid down by the Bombay high court to hear an appeal against the order of a Pune court awarding Rs 100 cr in damages to Justice (retd) P B Sawant.

It said, "Justice Sawant had filed the defamation suit in November 2008, after Times Now broadcast a report two months earlier in which, It says, it inadvertently and unintentionally, showed a photograph of Justice Sawant in place of Justice P K Samantha serving judge of the Kolkata high court, alleged to be involved in the Ghaziabad district court provident fund scam."

It further pointed out that the photograph appeared for 15seconds. Subsequent reports of Times Now did not have the photograph. It also ran an apology for five days.

"If defamation is presumed even in mistakes honestly made without malicious intent the news media will be crippled with fear," the FMS added.

"While the foundation asserts that those defamed or libeled must get the swift protection of law and quick redress for damage done to their reputation, the pendulum should not swing to the other extreme. The zeal to curb of the media should not result in stifling it or have a chilling effect on free speech," it said.

In a television discussion on NDTV on the issue, Lord Meghnad Desai said there was no intention on Times Now's part to defame Justice Sawant.

He said the court order was tantamount to an intimidating attack on the freedom of the press.

Earlier in October this year, the Broadcast Editors Association (BEA) had expressed concern over the court order against Times Now and had said it would explore legal options as the incident had implications for all TV journalists.

BEA is the apex body of national and regional TV news channels.

The Times of India, 15 November, 2011, http://timesofindia.indiatimes.com/india/Times-Now-judgement-Media-bodies-express-deep-dismay-at-SC-ruling/articleshow/10734586.cms


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