Freedom of press cornerstone of democratic society: Delhi HC
New Delhi: Freedom of press is the cornerstone of a democratic society and it necessitates a degree of latitude for journalists to exercise their judgment without fear of excessive legal reprisal, the Delhi High Court observed recently.
Justice Purushaindra Kumar Kaurav said, "It may be observed that the freedom of the press is a cornerstone of a democratic society, and it necessitates a degree of latitude for journalists to exercise their professional judgment without fear of excessive legal reprisal."
The court observation came in a company's plea for removal of an alleged defamatory article by a media firm, which publishes an internet magazine.
The court highlighted a journalistic expression, in the absence of prima facie evidence demonstrating malice, reckless disregard for the truth or gross negligence in reportage, couldn't be subjected to an exact standard of mathematical precision.
The plaintiffs claimed the article was defamatory and harmed their reputation.
The court, while dismissing the claim, observed the company and its founders had approached it for an injunction over a year after the publication of the article and the lack of promptness on the company undermined the urgency.
The article reported on the purported work culture in the company.
"From a journalistic point of view, the article does not appear to fall in the category of reckless reporting and is claimed to be source-based, context-specific reporting," the court held.
The March 24 order said to injunct a "publication of this nature would disturb the equilibrium" the court must strike between the freedom of speech and the right to reputation.
The court said it would "unjustifiably tilt the scale in favour of the latter, at the cost of the former".
In defamation proceedings, the judge said, the doctrine of substantial truth takes precedence against minor factual inconsistencies which do not render a publication defamatory till the gist of the article is claimed to be based on truth.
