UK Court Finds Republic Bharat Program Defamatory; Awards Damages To British Businessman [Read Judgment]

British businessman of Pakistani heritage Aneel Mussarat has won a defamation case against Republic Bharat, the Hindi news channel arm of Republic TV. 

Mussarat had moved the London High Court against Republic's UK broadcaster Worldview Media Network alleging that news anchor Arnab Goswami had called the him a "stooge" of Pakistan's top spy agency Inter-Services Intelligence (ISI) during a show aired on July 22, 2020 in the UK. 

Mussarat had contended before the Court that his picture was shown alongside an interviewee in the show with the anchor saying: "I don't think freedom of expression extends to fraternising with people who are clearly involved in sending terrorists across into India."

Captions such as "Should Bollywood declare any links to pro-Pakistan, pro-terror, anti-India individuals and groups?" and "Should Bollywood renounce any links with Pakistanis who take a pro-terrorist line?" were also shown alongside Mussarat's photos with Indian celebrities, it was submitted further.  

During the proceedings, Worldview Media Network Limited did not appear and the judgement by Deputy Master Toogood was announced in the absence of the defendant. The Judge noted that that the conditions for granting default judgment are met as the Particulars of Claim have been served and the Defendant has not acknowledged service or filed a defence. 

"The Defendant is neither present nor represented and I have received no representations on its behalf. I have been assisted by the submissions, both written and oral, of Mr William McCormick QC who appears on behalf of the Claimant", the order read. 

The Court ruled that the TV programme contained serious allegations against the Claimant, who was identified by both his image and his name and that the publication of the matters complained of 'has caused or is likely to cause serious harm to the reputation of the claimant.' 

While awarding Mussarat legal costs of 37,500 euros and damages of 10,000 euros, the Court observed, 

"Although I make my decision based on the Claimant's evidence alone, I note that the programme contained no evidence whatsoever to support its assertions that the Claimant was engaged in anti-India activities including assisting in terrorism against India and the other matters set out in paragraphs 4 and 5 of the Particulars of Claim. The Defendant has chosen not to submit any evidence in defence of this claim. The Claimant's witness statement strongly refutes the allegations and I do not consider that he would be adequately vindicated by the award of £10,000 alone. I therefore grant a declaration that the allegations made against the Claimant by the Defendant in the meaning set out at paragraph 5 of the Particulars of Claim are false and defamatory."

Case Title: Aneel Mussarat v. Worldview Media Network Ltd 

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