Newslaundry Moves Delhi High Court Against Single Judge's 'Prima Facie' Observation In Favour Of TV Today In Lawsuit

Newslaundry has moved the Delhi High Court against a single judge order which had given a prima facie finding in favour of TV Today Network, which owns news channels India Today and Aaj Tak, while dismissing the media group's interim application in its defamation and copyright infringement suit against the news portal.

TV Today Network had filed a suit before a 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.

Denying interim relief to TV Today Network in the suit, the single judge had said that the a ''prima facie case" was made out in its favour and that the statements made by Newslaundry call for justification.

In appeal against the said order, Newslaundry has argued that the impugned order is ex facie erroneous and in contravention of the law relating to defamation and disparagement as interpreted by the single judge.

Newslaundry has further averred that the single judge failed to appreciate that their content falls within the realm of 'fair criticism' and 'satire' and as such, nothing in their content would be per se defamatory to Tv Today Network Limited.

A division bench of Justice Vibhu Bakhru and Justice Amit Mahajan today listed the appeal along with the appeal filed by TV Today Network Limited against the denial of interim relief, on November 21.

The counsel appearing for Newslaundry argued before the court that the impugned observation of the single judge creates a basis for other parties to have an "extremely hypersensitive approach" in injunction matters.

To this, Justice Bakhru orally said "The courts pass such orders everyday in injunction matters….don't come in appeal on your perceptions."

Newslaundry's counsel further submitted that the videos placed on record by TV Today Network before the single judge were "completely misleading", adding that an impression was given that the news portal had copied and placed contents in their videos.

Hearing the said submission, Justice Bakhru said "Every person who files a suit and places material on record, it is for the defendant to contend. The fact that … misleading … is placed on record doesn't tie your hands in putting the correct material on record."

In the appeal filed through Advocates Nipun Katyal and Bani Dikshit, it has been argued that there is no case of commercial disparagement by Newslaundry in as much as both the parties operate in entirely different spheres and can hardly be termed as competitors.

"Furthermore, the purpose and the intent of the programmes/ content of the Appellant had to be viewed from a lens of public interest, critique and satire. There is no malice in the actions of the Appellant, which in any event can only be proved in trial. Further, it needs to be borne in mind, that the Appellant was only exercising their fundamental right of free speech, and not sullying anyone's reputation," the plea argues.

Newslaundry has also challenged the single judge's finding that the suit filed by TV Today Network qualified as a commercial dispute within the meaning of Section 2(1)(c) of the Commercial Courts Act, 2015.

The appeal thus seeks setting aside of the single judge order in so far as it was observed that a prima facie case was in favour of the TV Today Network and against Newslaundry.

About TV Today's Suit Before Single Judge

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.

TV Today had therefore sought permanent and mandatory injunction against Newslaundry, its CEO Abhinandan Sekhri and others.

It was alleged that the acts of Newslaundry caused defamation to TV Today Network, its news channels, anchors, employees and management and caused prejudice to their commercial reputation and goodwill.

Findings of Single Judge

While denying interim relief to TV Today Network, the single judge had observed that every broadcaster has the right of fair comment on current events and of criticism and review, including of the programmes created by others.

The judge had further observed that the right to broadcast programmes would be included in the right to free speech and expression. However, it was added that a balance would have to be struck between the two rights, the right to free speech and right to reputation.

Title: Newslaundry v. TV Today Network Pvt Ltd