Media Freedom under Threat?
Defamation threats gagging media investigation
 
The embarrassing media coverage of the sensational Sheena Bora murder has seen a rash of critical and introspective editorials and columns in mainstream newspapers. These include newspapers from the very group whose television arm conducted a kangaroo court at prime time with a gaggle of alleged friends of the victim and those who socialised with her mother Indrani Mukherjea and her various spouses. 
 
Reckless speculation, sweeping denouncements and meaningless trivia apparently being fed to the media by a highly indiscreet police force, were passed off as ‘Breaking News’ without any attempt to cross-check, or question, the leaks. The same drama is enacted when it comes to news about cinema stars, cricket or anything to do with Pakistan, with seemingly no questions or consequences. Powerful chief ministers and Union ministers have also remained helplessly silent against the media onslaught which included strident demands for their resignations and allegations of financial chicanery. 
 
But there has been a paradigm change where powerful corporates are concerned. In 2013-14, most corporates were fair game for fledgling political parties. They were learning the hard way that you cannot stifle all voices of dissent or criticism through large advertising budgets, event sponsorships, bilateral media treaties or PR (public relations). The growth of social media had amplified the voices of tiny media entities, niche magazines and net-based publications whose investigations and reports were not easy to suppress. 
 
They have found a solution in legal threats. A spate of defamation notices, or lawsuits, against the media, in recent times, seems to suggest that corporate India has hit upon a strategy of crushing investigation and criticism. It seems Rs100 crore is the minimum reputational damage claimed in these notices; some of these notices have been issued by entities with dubious reputations and are the subject of multiple government investigations and action. 
 
Here are a few notices that have actually translated into law suits:
  1. The Essar group has sought Rs250 crore as damages in a suit filed in Ahmedabad for an allegedly defamatory cover story filed by Caravan magazine. 
  2. The National Stock Exchange (NSE) sought Rs100 crore in damages for two of Moneylife’s articles (“Blowing the Whistle on Manipulation in NSE”, published on the website and “High-frequency Trading Needs a Detailed Probe” (issue dated 8 July 2015). On 9th September, the Bombay High Court dismissed NSE’s notice of motion and ordered the Exchange to pay Rs3 lakh in costs to us and donate Rs47 lakh to Tata Memorial Hospital and Masina Hospital, in two weeks. It remains to be seen what direction this litigation takes in the coming weeks. 
  3. The NSE has also filed a Rs100-crore suit against India Samvaad, an online portal, whose report had picked up and republished the whistleblower’s letter to the Securities and Exchange Board of India (SEBI) that is the subject matter of the case against Moneylife as well. 
  4. Almost every corporate defamation notice today pitches a demand for Rs100 crore and above. The Anil Ambani group seems to have taken this to a ludicrous level by seeking Rs5,000 crore as defamation in a notice sent to the Bennett Coleman group, the publisher of The Times of India. This is for a series of allegedly defamatory reports, based on a draft report of the comptroller & auditor general (CAG), on its electricity distribution business. Another corporate house is understood to have sought Rs400 crore in damages. 
In most cases, the gigantic defamation claim is aimed at intimidating small media houses with the threat of expensive, long-drawn and debilitating litigation. Most defamation notices do not translate into litigation. In many cases, tiny publications, or bloggers, simply cave in and remove the articles because the cost and effort of filing legal replies itself is a killer. In some cases, corporate houses do not proceed with the lawsuit when the publication decides to fight it out. This is usually due to the realisation that they, too, are answerable in a legal battle and in an arena that is not fully within their control. 
 
At a time when a panel of the Press Council of India has asked SEBI to control paid news by monitoring private treaties between companies and media houses, this trend of harassing serious journalists with the threat of defamation suits is something that we must think hard about. What is at stake is fair journalism and investigation into the performance and shenanigans of companies and regulators. Curiously, the Press Council has been silent, so far, on these intimidating tactics. 
Comments
Manoj Dhyani
1 decade ago
Media Gagging can't be an acceptance in a free democracy...must be condemned by all!
manoharlalsharma
1 decade ago
Media Freedom under Threat?
Yes long-back if u have noticed KILLINGS of RTI activists and if u observe from news channels broadcasting actual happening from Maharastra and from UP/MP/BIHAR even a stone peters r casted in NEWS
Mahesh S Bhatt
1 decade ago
Media is governed by Politicians/Businessmen/Global Media Moghuls.

Its double whammy,sham media which has its credibility at stake coupled with big guns killing true honest press & every thing seems doctored.

Meenal Mamdani
1 decade ago
I think it is time that the public questions what the Press Council of India is doing to earn its designation.

Is it there simply to rubber stamp anything that the media does?
Does it have a code of conduct that the media must follow in order to represent responsible journalism?

The explosion of TV channels and print media has allowed sensation seeking news to dominate and has devalued the information one gets from these channels.

If the news media were to follow the same meticulous methods followed by MoneyLife in its investigative reporting, then they would not worry about standing up in the court of law.

Unfortunately, TV with humongous money wants short cuts without investigative rigor. Then they must pay for it.
Mukund Rajamannar
Replied to Meenal Mamdani comment 1 decade ago
Fully agree.
Kinshuk Chandra
1 decade ago
Sad to see this. Instead of penalizing presstitutes, the small comparatively honest media houses are targeted.
shanti Patel
1 decade ago
I am also a victim of such a case running in to thousands of crores not hundred. People try to pressurize because the legal cost defend is very high and other people also get red signal.

I request Sucheta Dalal to form a free helpline for this type of cases also. I am sure there are lawyers who will com-forward and devote time and skill for good cause.

Shanti Patel
Joint Hon.Secretary-Bombay Shareholders Association
J Pinto
1 decade ago
Who are the eminent members of the Press Council and how many have spine ?
Ravindra Shetye
Replied to J Pinto comment 1 decade ago
Maybe they are rewarded for their inactivity.
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