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'Grave Damages': Delhi HC Asks for 'Defamatory' Articles on Dhanya Rajendran to Be Taken Down

The court gave Karma News, and Janam TV and its newspaper Janambhumi 10 days to take the articles down.
Delhi High Court . Photo: File

New Delhi: In a significant move against disinformation that seeks to defame journalists and media houses, the Delhi High Court has asked Kerala-based news channel Karma News, and Janam TV and its newspaper Janambhumi, to remove as many as nine YouTube videos and news articles containing statements which amounted to defamation against The News Minute founder and senior journalist Dhanya Rajendran.

The articles were published in the backdrop of a media event, ‘Cutting South’, held last year in Kerala.

As per the ad interim injunction order in favour of Rajendran passed by Justice Vikas Mahajan on July 15, these outlets have been asked to take down, remove or block the content within 10 days. If not, Rajendran, who had filed the petition, can approach the court, the high court said.

The event, Cutting South, was co-hosted by The News Minute along with independent digital news site NewsLaundry and some others on March 25, 2023, as a conclave “to celebrate journalism”. Several top journalists had taken part. The conclave was inaugurated by state chief minister Pinarayi Vijayan.

Newslaundry had also filed a separate petition with the high court in 2023 on the matter. 

In both the petitions, the complainants, seeking “urgent relief” from the court, had pointed out that to their “shock and surprise”, soon after the event and also during it, these outfits ran reports both digitally and in print, claiming that they “intend to separate the country, and divide India into North and South creating a United States  of India or South India”.

They also claimed that the event was funded by American billionaire and philanthropist George Soros and “crores of rupees have landed in Kochi (the venue of the event) and the money has reached through illegal channels — hawala channels”. These reports also termed the media event  “a program of larger terrorist movement”; claimed that the event organisers were “Khalistani” terrorists; associated with the Popular Front of India, an organisation that the government of India had banned for “security and terror links”. 

All of this, the petitioners argued, was without reason.

“Even a bare perusal” of these allegations and insinuations,” argued the petitioners, “leave not an iota of doubt that these are capable of causing inordinate corrosion of the reputation and goodwill” to them which as been “arduously built over a period of several years”.

The two news organisations which have bagged multiple national and international awards for their journalism, also underlined that such unsubstantiated allegations “have directly and adversely affected the (their) business and financial interests” which “comprise of media professionals and journalists of unblemished reputation which have been built brick by brick over years.”

They particularly pointed out why the name ‘Cutting South’ was given to the conclave which was attended by over 500 people “including celebrated journalists, non-fiction writers, photographers, documentary makers, tech innovators, policymakers, filmmakers and others”. 

They said:

“The name ‘Cutting South 2023’ is coined from the usage of ‘Cutting Chai’ (originally from Mumbai) that implies a local tea with added flavours, and meant to connote a sense of nostalgia, familiarity, truth and comfort. It also comes from the well-known phrase ‘cutting edge’ which is a synonym for things which are advanced, progressive, pioneering, unconventional and state of the art”. 

Justice Mahajan, after perusing the articles and videos, noted that they were prima facie “not based on any credible and reliable sources for making out a case that the said allegations are true and based on facts.” 

The HC order said, “Further, such allegations do not seem to be premised on a public record document such as any criminal case registered or pending against the plaintiff (the complainant)”. 

That “grave and irreparable damages (damage) will be caused to the plaintiffs”, the court ordered that these outfits “take down/remove/restrict access/block the URLs of the posts as well as YouTube  videos which contain defamatory statements against the plaintiffs within a prior of ten days”. 

As per the court order, between Janambhumi, Janam TV and Karma News, nine URLs have been asked to remove within the next 10 days which would mean, by July 25.   

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