Avoid pre-trial injunctions against the media in defamation cases: Timely restatement

Source: The post avoid pre-trial injunctions against the media in defamation cases has been created, based on the article “Timely restatement” published in “The Hindu” on 28th March 2024.

UPSC Syllabus Topic: GS Paper 2-polity-judiciary

News: The article discusses the Supreme Court’s recent judgment advising courts to avoid pre-trial injunctions against the media in defamation cases. It emphasizes its potential negative impact on freedom of speech and the public’s access to information. Avoid pre-trial injunctions against the media in defamation cases

Background

A lower court in Delhi and the Delhi High Court had told Bloomberg to remove an article about Zee Entertainment, saying it was defamatory. The Supreme Court disagreed with this and canceled their orders.

What is the Supreme Court’s view on pre-trial injunctions against the media in defamation suits?

Supreme Court’s Recent View: The Supreme Court says courts should be careful about blocking media reports before trials in defamation cases.

Bonnard vs Perryman Rule: This principle states that injunctions in defamation suits should only be granted if the content is undoubtedly defamatory and cannot be justified during the trial.

Standard for Granting Injunctions: The Court emphasized the three-fold test for granting injunctions: a prima facie case, the balance of convenience, and preventing irreparable harm. It stressed the need for careful analysis of facts in each case.

Early Judgment Risk: The Court cautioned that early injunctions in lengthy trials can be like a ‘death sentence’ for the content, preventing vital public information from being shared. This is especially worrying with SLAPPs (Strategic Lawsuit Against Public Participation), as it can suppress criticism.

Question for practice:

Examine how the Supreme Court’s recent judgment on pre-trial injunctions in defamation cases impacts the balance between freedom of speech and the need for protecting individuals from defamatory content.