Newslaundry's 'Self Awarded' Claim Of High Journalistic Standards No Defence For Defaming TV Today: Delhi High Court

The Delhi High Court on Friday observed that digital platform Newslaundry's “self-awarded" title of highest standard of journalism and claim to be “protectors of public interest” cannot serve as a blanket justification for making disparaging remarks against TV Today, which owns news channels India Today and Aaj Tak.

A division bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla said that in the name of being “correct” and “independent”, Newslaundry has, at times, replaced substantive debate with shaming, which does not benefit public discourse or social dialogue.

“The Defendants (Newslaundry) have self-awarded the title of the “highest standard of journalism” and claim to be protectors of public interest. This self- entitlement cannot serve as a blanket justification for disparaging remarks. The tone of the statements made by the Defendants appears to be one of intolerance rather than constructive criticism,” the Court said.

The Bench thus directed Newslaundry to remove the disparaging statements or remarks made against TV Today in its videos, which include “shit playing”, “shit reporters”, “shit show”, “high on weed or opium”, and “Your punctuation is as bad as your journalism.”

The Court said that if the statements are not removed and continue to remain accessible, they will cause serious and irreparable harm and prejudice to TV Today. It added that such harm cannot be adequately compensated by monetary relief or any other remedy available, and hence, interim protection is warranted.

“The statements are ex-facie disparaging, and their continued availability online would harm the Plaintiff's reputation. The Respondents are directed to immediately remove the remarks or statements “shit reporters”, “shit show”, “high on weed or opium”, and “Your punctuation is as bad as your journalism” from the impugned video and remove them from their respective social media platforms, handles, and websites until the final disposal of the underlying suit,” the Court said.

The Bench decided cross appeals filed by Newslaundry and TV Today challenging a single judge order which had dismissed the news channel's plea seeking interim injunction.

However, even though it refused interim injunction, 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.

The Court today partly allowed the appeal to the limited extent that the statements or remarks identified by the Single Judge as constituting commercial disparagement should be removed.

The bench said that Newslaundry's “malicious intent” was evident from their repeated targeting of TV Today and their journalists and making disparaging comments about them. It said that the news portal not only criticized the TV Today's work, but also commented negatively on the death of one of its anchors.

“Such conduct demonstrates a clear intent to harm the Plaintiff's reputation and falls far beyond the realm of legitimate criticism. The statements made were not backed by any independent standards or justifications. Terms such as “shit standards” and “shit reporters” clearly go beyond the realm of criticism or review and are defamatory and disparaging and therefore, intended to demean the Plaintiff's reputation,” the Court said.

The Bench refused to accept Newslaundry's defence that their main objective was to provide informative and socially beneficial content, and that there was no malicious intent behind their statements.

“Statements such as “shit playing”, “shit reporters”, “shit show”, “high on weed or opium”, and “your punctuation is as bad as your journalism" clearly do not qualify as socially beneficial content. These remarks, rather than contributing to public discourse, serve to disparage and insult the Plaintiff and its journalists,” the Court said.

It added that there was no legitimate defence for calling TV Today's work “shit” or making derogatory remarks about its journalists. The Court said that statements cannot be protected under the guise of fair dealing or legitimate criticism.

“Thus, Defendants' conduct appears to be an unprovoked attack on the Plaintiff's reputation rather than a critique aimed at improving public discourse,” it said.

The Court however clarified that it was passing the order at an interlocutory stage and its observations shall not prejudice or bind the Trial Court in its adjudication of the issues on merits, after the full appreciation of evidence.

The Court said that the Trial Court is free to come to its own conclusions, even if those conclusions differ from the observations contained in the present order.

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

Click here to read order