The Delhi High Court today refused to grant industrialist and lawmaker Naveen Jindal's plea for a blanket order restraining Zee TV from airing news reports which were allegedly defamatory in their content.
Justice V K Shali said Jindal and his company Jindal Steel and Power Limited (JSPL) "have not been able to satisfy that they have got a prima facie good case" and disposed of their plea.
The court, however, directed Zee to follow the guidelines of the News Broadcasting Standards Authority (NBSA) as per which they would be required to obtain the views of Jindal and JSPL in case they intend to televise any programme pertaining to him or his companies.
"The publications may be inaccurate, not fully or substantially true or may be distorted or may be offending sensibilities of the person against whom such allegations are made or may be to his annoyance but that is not to be the ground to muzzle them altogether.
"It is more so in a case when a person, holder of a public office or aspiring to become a member of an elected body is amidst the din of electioneering. It is a common knowledge that while the elections are on, all kinds of accusations and counter-accusations are bound to fly thick and fast in all directions of which a person must not complain unless and until the allegations against him are per se defamatory.
"I do not prima facie find that except that there may be incorrect statements or inaccurate statements which are made by the defendants in its televised reporting or which may be not to the liking of the plaintiff or which may be causing annoyance to him are not per se defamatory," the court said.
The court was also of the view that the best course of action is to "ignore such inaccurate reporting" rather than raise an objection as because by the latter course, you are giving it more importance..."
Justice Shali also said that to restrain Zee at this stage from pre-telecasting of its programme or news "would not only be gagging the right to freedom of press but also gagging of the public to know about a candidate" who is to be elected.
