No point in merely singing paeans to Freedom of Press if one cannot go to its rescue when threatened: Madras High Court [Read Judgment]
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The Madras HC made pertinent observations regarding the role of courts in safeguarding the freedom of press while quashing defamation proceedings against journalist Sandhya Ravishankar for articles published by ET on illegal beach sand mining in TN back in 2015
@sandhyaravishan
@sandhyaravishan
Justice GR Swaminathan said, “I am clearly of the view that there is no point in merely singing paeans to freedom of press, if one cannot go to its rescue when the said right is faced with a serious threat.”
#MadrasHighCourt #PressFreedom
#MadrasHighCourt #PressFreedom
When freedom of press, a fundamental right is at stake, higher judiciary is obliged to exercise not only its inherent power but also exert itself a bit. An unused power is a useless tinsel. There is no point in merely saying that press is the foundation of democracy: Madras HC
"Such an activist role will have to be played by the higher judiciary because it is a matter of record that criminal defamation proceedings...even media houses having good resources have capitulated", Madras HC observed.
#PressFreedom
#PressFreedom
The Madras High Court added that minor inaccuracies in reporting cannot justify initiation of prosecution for defamation.
“There can always be a margin of error. The permissible width of the margin will depend on the facts and circumstances of each case."
#PressFreedom
“There can always be a margin of error. The permissible width of the margin will depend on the facts and circumstances of each case."
#PressFreedom
Citing an extract from "Offend, Shock or Disturb" by @gautambhatia88 regarding the US case of New York Times vs. Sullivan: "in order to survive, free speech needed 'breathing space' – that is, the space to make mistakes. 'Erroneous statement', 'was inevitable in free debate'"
The Court also rejected arguments that the article was written on instigation by the author's husband, for being against her innate dignity: "The (author) definitely has the capacity to act independently..I cannot assume that (she) was a pawn or tool at the hands of her husband."
