[Prajwal Revanna Case] Bengaluru Court Restrains Media Outlets From Publishing Allegedly False News Against HD Deve Gowda & HD Kumaraswamy

A city civil and sessions court in Bengaluru has passed an ex-parte interim order restraining the media from publishing false news items against Former Prime Minister of India HD Devegowda and former Chief Minister of Karnataka H D Kumaraswamy in regards to the Prajwal Revanna alleged sexual assault case.

The order passed on May 4 restrains 89 media outlets. The court said “At this stage, based upon the material placed and having regard to the aforesaid discussion, the court holds that, only to some extent, the plaintiffs have made out prima facie case. If, without any substantive and truthful material, the articles are published depicting the plaintiff unnecessarily either by showing the photographs, videographs, by way of marping, except with regard to their statements given to the medias, the reputation and the dignity in the public at large may be tarnished.”

It added, “It is ordered that, the defendants are temporarily restrained from publishing any news item by falsely depicting the plaintiffs, by showing their marping photos, without any substantive evidence against them, with an intention to unnecessarily tarnishing their image and reputation in the public at large, till next date of hearing.”

However, it clarified that the defendants were not totally restrained from publishing, or telecasting any news, if they think that, truth is their defence, and they have substantial pieces of evidence to defend themselves.

It was stated that the plaintiffs who were the grandfather and uncle of Prajwal Revanna filed the suit for permanent injunction, contending that they have earned a very good reputation by discharging their public responsibilities.

It was contended that on the basis of certain allegations of obscene videos, allegedly involving Prajwal Revanna, sitting MP from Hassan Constituency, the State Government has constituted SIT. Certain news items /articles are being published by the defendants, in social media platforms depicting and making reference to the plaintiffs to the aforesaid alleged issue pertaining to Prajwal Revanna.

The court referred to Apex court judgment in the case of SLP (C) 6696 / 2024 (Bloomberg Television Production Services India Private Limited & Ors. Vs. Zee Entertainment Enterprises Ltd.,) dated 22/3/2024.

Then it said “It is noticed that, even though there are serious allegations have been made against Mr. Prajwal Revanna, in the absence of making specific allegations to connect these plaintiffs to the alleged incidents, it is not correct on the part of media to show the marped faces of the plaintiffs 1 and 2, either in articles or in news channels.”

It observed that if in the opinion of the media, they have substantial material to publish any article, by contending that truth is their defence, they cannot be prevented from publishing any article.

However, it was stated that they are duty-bound to examine the truthfulness of any videos, photos, or information before publishing the same. Because, if false and fake news is published in newspapers, and shown in news channels, including social media channels, definitely it will harm the reputation of any public servant.

The public servant also has the right to protect his dignity and decorum and human rights. But, at the same time, a public servant should also conduct himself/herself keeping in mind the positions they hold and the reputation of the society at large, the court said.

Allowing the application for temporary injunction the court said “In this case, the plaintiffs alleged that there are no allegations made against them in the alleged videos and in the complaints. But, their pictures are being shown by marping and in other manner. Of course, they cannot prevent the media from showing them as close relatives of Mr. Prajwal Revanna, because it is a fact. But, they can only make requests to restrain the defendants from unnecessarily depicting and making their references, by showing their marped photos and in any other ugly manner.”

It added “Having regard to the sensitivity of the matter involved and the fact with regard to their relationship with Mr.Prajwal Revanna, keeping in mind the Judgment of Hon'ble Supreme Court, I am of the opinion that, the right of defendants from publishing articles under the right of defence, cannot be fully restricted. However, to the extent of showing the fake and fabricated news items against these plaintiffs, without any admissible and substantive material, can be prevented by granting TI order for a limited period.”

Click Here To Read/Download Order