Kerala High Court Quashes Defamation Case Against Malayala Manorama Journalists

Journalist’s News Report Causing Embarrassment Doesn’t By Itself Constitute Criminal Defamation: Kerala High Court

The Kerala High Court has quashed a criminal defamation complaint against editors and a reporter of Malayala Manorama for reporting a person’s arrest and the registration of a crime. Justice C.S. Dias…

The Story in Brief

The Kerala High Court has quashed a criminal defamation complaint against editors and a reporter of Malayala Manorama for reporting a person’s arrest and the registration of a crime. Justice C.S. Dias held that an adverse or embarrassing report does not by itself amount to criminal defamation.

Kerala High Court Quashes Defamation Case Against Malayala Manorama Journalists

The court said substantially truthful reporting of official action can receive protection when it reflects the official record and contains no independent malicious imputation. It found the report was based on an occurrence report. Even if it contained factual errors, there was no material showing deliberate fabrication to defame. The complaint alleged that the report wrongly stated that 3 litres of liquor had been seized, while records showed 2.5 litres.

The Indian Opinion

The lazy narrative that any inaccurate news report deserves criminal prosecution ignores the court’s test of intent and official sourcing. The opposite claim, that journalists have a free pass, is also wrong: embellishment or deliberate fabrication can still attract liability. The practical test is whether the report substantially matches the official record and whether prosecutors can show a deliberate defamatory imputation, not merely reputational discomfort or a later acquittal.


Source: livelaw.in

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