Wednesday 10 January 2018

Freedom of press and defamation

The Supreme Court has recently observed that the every instance of wrong reporting by the journalists does not amount to defamation. The Court observed that there is no vicarious liability of the heads of a news channel for the wrong publication of a news items by their associates. The Court agreed with the Patna High Court which held that there is no statutory provision for the vicarious liability for the act committed by the associates.
The press is responsible for the correct publication of facts. Its reporting needs to be accurate and diligent. Defamation is both a crime as well as a tort. While a statement off fact is a defence under Section 499 of the IPC, a wrongful report which injures a person's reputation remains both a crime as well as a civil wrong. While the freedom of press is important as it remains the fourth pillar of democracy, it does call out for responsible reporting.

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