Reporting Defamatory Statements By Third Parties: Salman Khurshid Suggests Channels To Show Disclaimers

During the hearing of the defamation suit by Shashi Tharoor against Arnab Goswami of Republic TV by Justice Manmohan of Delhi High Court, Tharoor’s senior counsel, Salman Khurshid proposed that while reporting defamatory statements of third parties, the television channels must show disclaimers that “these are not the views of the channel”.

Rs.2 crore defamation suit was in connection with Republic TV broadcasting certain tapes suggesting foul play in the death of Tharoor’s wife, Sunanda Pushkar, in her hotel room in January 2014.

Khurshid’s proposal was in response to Justice Manmohan’s remark that if the channel (RepublicTV) shows a third party making a defamatory statement against the plaintiff, the Court can’t interfere, because the third party is not before the Court.  The reference to the third party arose when Khurshid’s junior counsel, Gaurav Gupta alleged that the channel had broadcast Subramanian Swamy’s defamatory statements against Tharoor.

Khurshid said that the channels must show some element of restraint while reporting defamatory statements of third parties.

Khurshid agreed that after Justice Manmohan’s last observation that Tharoor’s right to silence over his wife’s death must be respected by the channel, it has begun to ensure some amount of care in reporting, and the vitriol earlier displayed against his client is no longer there.

Earlier, Justice Manmohan also declined to go into the veracity of reports about the proceedings before another bench of  the High Court, comprising Justices C.S.Sistani and Chander Shekhar, which is hearing Swamy’s PIL seeking a Court-monitored investigation into the mysterious death of Pushkar.

Khurshid told Justice Manmohan that his concern is to protect Tharoor’s reputation.  “If I don’t want to speak, don’t harass me and don’t interpret my silence against me”, Khurshid said, in an oblique reference to Republic TV’s style of reporting.

Khurshid clarified to the Single Judge that he does not want blanket injunction against the channel from broadcasting any news about Pushkar’s death and the investigation into it, but only injunction against defamatory statements.  “This goes beyond the right of the press”, Khurshid observed, and added: “Because the channel claims it is influential, it should be careful”.  Khurshid quipped: “It has a right to investigate, but not to show a running commentary; portraying it as a murder is interference with the investigation”.

Arnab Goswami’s senior counsel, Sandeep Sethi, will argue on September 27.