Free speech lifeblood of democracy: HC on Cobrapost sting on media
Calling “free speech”
the “lifeblood of democracy”, the Delhi High Court Friday set aside its
single-judge order restraining web portal Cobrapost from making public a
documentary on various media houses that were allegedly involved in
malpractices like paid news, mass polarisation and accepting black money. Holding that “unless
it is demonstrated at the threshold that the offending content is malicious or
palpably false, an injunction and that too an ex-parte one, without recording
any reasons should not be given”, a bench of Justices S Ravindra Bhat and A K
Chawla remitted the matter back to the single judge and asked it to hear afresh
the question of granting interim relief on the petition of Dainik Bhaskar
Corporation (DB) Ltd.
The High Court Friday directed the parties to remain
present before the single judge on October 3. Following the ruling, Kotla
Harshavardhan, the advocate for Cobrapost, said that “the web portal released
the sting operation in view of the judgment in our favour”. “Undoubtedly, the new
age media, especially the electronic media and internet posts greater
challenges. That per se ought not to dilute valuable right of free speech
which, if one may say so, is the lifeblood of democracy,” the High Court said. The Court further said that the “salutary and
established principle in issues that concern free speech is that public figures
and public institutions have to fulfil a very high threshold to seek injunctive
relief in respect of alleged libel or defamation”.
DB Corporation had
sought to restrain permanently the Forum for Media and Literature – a
non-profit organisation engaged in investigative journalism, which publishes
its investigations on Cobrapost.com- from making public its “Operation 136:
Part II”… read more:
https://indianexpress.com/article/india/free-speech-lifeblood-of-democracy-hc-on-cobrapost-sting-on-media-5378911/