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ApniLaw > Blog > High Court > Madras High Court > Cannot Misuse Press Freedom To Defame A Person Without Verifying Facts: Madras HC
High CourtMadras High CourtNews

Cannot Misuse Press Freedom To Defame A Person Without Verifying Facts: Madras HC

Amna Kabeer
Last updated: February 5, 2025 11:40 pm
Amna Kabeer
6 months ago
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Madras High Court Orders Junior Vikatan to Pay ₹25 Lakh in Defamation Case


The Madras High Court has directed the Editor, Publisher, and Printer of Junior Vikatan to pay ₹25 lakh in damages to DMK leader T.R. Balu. The Court found that the Tamil weekly published defamatory content against Balu without verifying facts.

Contents
Madras High Court Orders Junior Vikatan to Pay ₹25 Lakh in Defamation CasePress Freedom Does Not Justify DefamationCase BackgroundDefendants’ ArgumentsCourt’s Key FindingsFinal Verdict


Press Freedom Does Not Justify Defamation


Justice A.A. Nakkiran emphasized that press freedom cannot misuse or must be used responsibly. The media must publish only verified news backed by solid proof. The Court stated:
“A renowned magazine with wide circulation must be cautious before publishing news. They cannot misuse press freedom to tarnish a person’s image without verifying facts.”
Since Junior Vikatan failed to uphold these standards, the Court ruled in favor of Balu and awarded him damages.


Case Background


Balu filed a defamation suit seeking ₹1 crore in damages and a permanent injunction against defamatory news about him and his family. He claimed that the magazine falsely accused him of personal gains from the Sethu Samuthiram project in a March 28, 2012, article. The project was launched in 2005 when Balu was Union Minister for Shipping but was later stalled due to legal disputes.
Balu also cited another defamatory article published on December 22, 2012. The magazine claimed that he had referred to Rahul Gandhi as a “small child” during a DMK meeting. Balu denied making such a statement, arguing that the false report damaged his reputation.


Defendants’ Arguments


The magazine defended itself, stating:
The first article’s litigation was barred by limitation since it was published in 2012.
Balu failed to prove how the second article harmed his reputation.
Other magazines also published similar news, and Balu never denied it earlier.


Court’s Key Findings


The Court agreed that the first article’s case was time-barred.
However, the magazine failed to provide any proof for its second article.
The DMK meeting, where Balu allegedly made the statement, was a closed-door event. Only press photographers were allowed at the beginning and end.
The defendants could not prove that Balu made the reported statement.


Final Verdict


The Court ruled that Junior Vikatan published malicious and defamatory content. It ordered the magazine to pay ₹25 lakh in damages to Balu. However, the Court denied his request for a permanent injunction against future publications.
This ruling reinforces the importance of responsible journalism and the legal consequences of publishing unverified defamatory content.

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