Karnataka HC Declines To Quash Defamation Proceedings Against News Channels By Actress Divya Spandana For Portraying Her As Part Of Spot-Fixing Scandal

The Karnataka High Court has refused to quash the defamation proceedings against Asianet News Network Pvt. Ltd, Suvarna News 24/7 and two others which came to be initiated based on the complaint filed by Divya Spandana.

Spandana had filed a private complaint against the petitioners and others with a prayer to punish the accused for the offence of defamation under Section 500 of the Indian Penal Code. The Trial Court, after recording the sworn statement of the complainant, issued summons to the accused by order dated 13.06.2016.

It was alleged that the accused on 31.05.2013 had telecast the news of the alleged involvement of the Kannada Film Actresses in the betting and spot-fixing scandal and the complainant was time and again named and her photos and videos were shown while the news was being telecasted.

It was said the news was being telecasted in such a manner as if the complainant was one of the persons who was involved in the alleged cricket betting or spot-fixing scandal. According to the complainant, the act of the accused persons has caused a serious dent in her image and reputation and the people in the film industry have enquired with her about the correctness of the news that was telecasted.

The petitioners argued that they had telecasted the same news that was telecasted by other media sources. It was stated that the allegation in the complaint did not attract the alleged offences against the petitioners and that they were covered under the fourth exception to Section 499 of IPC. The petitioners had no intention to defame the respondent, it was stated.

The bench noted Section 499 IPC, and said “According to the complainant, the accused persons have made visible representation depicting as if the petitioner was involved in cricket betting and spot fixing, knowing very well or having reason to believe that the same is likely to cause damage to the reputation of the complainant. Therefore, it cannot be said that there is no prima facie case against the accused to stand trial for the offence punishable under Section 500 of IPC.”

It rejected the contention that petitioners fell under the fourth exception to Section 499 of IPC, and could not be prosecuted for the offences punishable under Section 500 IPC.

The court held that the petitioners failed to produce any material to show that there were any proceedings against the complainant regarding her involvement with cricket betting or spot-fixing.

It stated that to fall within the fourth exception to Section 499 IPC, the publication should have been a substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings, but since the petitioners failed to produce any such material before the Court, their contention was rejected.

Accordingly, it dismissed the petition. 

Appearance: Advocate Sudharshan Suresh for Petitioners.

Citation No: 2024 LiveLaw (Kar) 127

Case Title: Asianet News Network Pvt. Ltd Suvarna News 24/7 & Others AND Divya Spandana @ Ramya

Case No: CRIMINAL PETITION NO. 13558 OF 2023

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