“Being Over Sensitive”: Delhi High Court Tells TV Today, Says Newslaundry's Criticism Not Necessarily Disparagement

The Delhi High Court on Thursday told TV Today, which owns news channels India Today and Aaj Tak, that it was being “over sensitive” of the videos made by digital platform Newslaundry by alleging that every comment made is disparagement or defamatory.

A division bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla said that while one of the videos impugned by TV Today was questionable, other videos were mere comments which were critical but not disparaging.

The Court was hearing the appeals filed by TV Today as well as Newslaundry challenging a single judge order which had dismissed the news channel's plea seeking interim injunction. However, the single judge had said that the a "prima facie case" was made out in favour of TV Today and that the statements made by Newslaundry called for justification.

During the hearing today, Advocate Hrishikesh Baruah appeared for TV Today whereas Newslaundry was represented by Senior Advocate Rajshekhar Rao and Advocate Bani Dixit.

At the outset, Baruah took the Court through one out of the 75 impugned videos posted by Newslaundry, with comments by its Managing Editor Manisha Pande. Taking exception to the said video, Justice Shankar said:

“This is a wrong order (single judge). This kind of order cannot be passed. You hold that it is disparaging and defamatory but we will see the balance of convenience in trial stage and allow the videos to remain.”

“Suppose someone puts a video disparaging Mr. Rao and says that Mr. Rao is xyz and you file an injunction application and the court finds that yes it is defamatory but since it has been there for five years, we will look at the balance of convenience later and in the meantime let the video be there…..She (Manisha) doesn't know the basic fundamentals of decency in reporting. There has to be some limit to everything….,” the judge told Rao.

On this, Rao said that not every video has to be taken down, while agreeing that some lines cannot be crossed.

He said that while Newslaundry should have used better language but the problem lies in the situation where TV Today takes a stand that Newslaundry cannot take their clip and comment on that.

Baruah then took the Court through other impugned videos containing general remarks on Aaj Tak. On this, the Court said:

“It is not disparagement. One cannot comment? Every comment which you don't like cannot be disparagement.”

On Baruah saying that Newslaundry took entire clip of news channel in their video, the Court said that the channel cannot take a stand that Newslaundry cannot take its clips.

“How is it disparaging? They are commenting on what you are showing. It is not disparagement. It is criticism. They are saying you are doing it for cheap thrills. That doesn't cross the line. Every video is not disparaging,” the Court said.

“You are being over sensitive…. Even if a word is said about you, you are saying it's disparaging. These are not disparagement. You mess up a good case by putting all kind of things. Even if he says your program is all nonsense, it is not disparagement. It is a comment. What is all this? What do you want? No one should say anything about you? Every word they are saying, you have called it disparagement,” Justice Shankar told Baruah.

He added: “Suppose someone says a particular channel is useless or the anchor is useless. It is not disparagement. It is a highly critical comment but you cannot say it's disparagement. Then we are crossing the line of fair comment. Fair comment can sometimes be put in extreme words.”

Adding to this, Justice Shukla remarked that except one video, not every video was disparaging and that such a situation doesn't mean entire content should be taken down.

Baruah then argued on copyright infringement allegedly done by Newslaundry, saying that the platform had taken entire clips of the news channel, which did not fall into the category of fair use under the Copyright Act.

“Suppose a news channel airs a video. Someone wants to say that some part of it is objectionable. He puts his own YouTube channel and shows your clip and says it is objectionable, are you saying even that is not permissible under the Copyright Act? Is there an absolute bar against showing any part of a video made by one person in video made by another?,” Justice Shankar asked Baruah.

Baruah responded: “Provided you come into the principle of fair use.”

He also said that just to make their content colourful, Newslaundry used TV Today's videos.

Newslaundry's counsel thereafter argued that it was not the case of TV Today that Newslaundry was infringing their copyright and calling it its own.

“Every time I use a portion of their video, I say it is theirs. I don't play it in background…..I play and say please look what they're saying,” she said.

After hearing both the sides, the Bench reserved judgment in both the appeals.

The dispute arose in 2022 when TV Today Network filed a suit before the single judge against Newslaundry, its CEO Abhinandan Sekhri and other individuals seeking damages of Rs. 2 crores for copyright infringement and defamation of its anchors, management and employees.

The suit alleged that Newslaundry had uploaded various videos on its website including social media platforms, infringing TV Today Network's copyright. It was also alleged that the online news portal also made "unfair, untrue and disparaging defamatory remarks" about its anchors as well as the management.

Title: Newslaundry v. TV Today Network Pvt Ltd & Other Connected Matter