Kerala High Court: honest arrest reporting not defamation

The Kerala High Court has ruled that a news report about a person's arrest does not amount to criminal defamation merely because it causes embarrassment to the person concerned. Justice C.S. Dias quashed a criminal defamation case against Malayala Manorama's chief editor, an editor and a reporter, stating that the law does not penalise truthful reporting of official proceedings.

The court highlighted the distinction between a report of an official act and an independent defamatory assertion. It held that a journalist is not criminally liable under Sections 499, 501 and 502 of the IPC if the publication substantially reflects official records and is not accompanied by malicious intent. The prosecution must show the accused published the statement with intent to harm reputation or with knowledge that such harm would result, the court added.

The case arose after the daily reported that a man was arrested with 3 litres of IMFL, while official records showed seizure of 2.5 litres. The complainant argued the error and his subsequent acquittal damaged his reputation. The court found no evidence of deliberate fabrication and quashed the complaint and all related proceedings.