Obtain Prior Remarks Of Party To Be Affected Before Voicing Opinion In Media: Madras HC In Defamation Suit Against Savukku Shankar

If ever anybody either through the print media or through electronic media or in any other form seeks to voice out opinion, caution should be exercised and a code should also be maintained that such opinion should be put forth in the first instance to the person who would be either directly or indirectly affected by such opinion expressed, obtain their remarks on the same and then put forward both the opinion and the remarks as an information to be disseminated to the general public and leave it to the general public to form their opinion.

The plaintiff had moved the court stating that the defendant had given various interviews defaming the plaintiff company. The details of the videos and the tweets were also produced. The plaintiffs also submitted that these defamatory remarks made by the defendant had caused financial loss to them as a lot of their bookings were cancelled.

The court thus passed the interim orders observing that the plaintiff was seriously aggrieved by the statements made by the defendant. Though the veracity of these statements can be assessed only during trial, since the statements affected the normal course of business of the company, the court was inclined to grant the injunction.

The plaintiff is seriously aggrieved by the various statements made by the defendant. Those statements can be assessed only when they are put to test during the course of trial. But since such defamatory statements would prima facie affect the normal course of business and do not appear to be based on facts, and had not been put to the plaintiff, injunction naturally follows. Injunction is granted as prayed for.

The court thus issued notice to the defendant and posted the matter on 29th September 2022.