Daijiworld Media Network – New Delhi

New Delhi, Dec 1: The Delhi high court (HC) has set aside a criminal defamation case filed against journalist Nilanjana Bhowmick, ruling that a journalist cannot be prosecuted for defamation when the published material is factually correct and causes no proven harm to reputation.

The case stemmed from a 2010 TIME Magazine article authored by Bhowmick on the scrutiny of NGO funding in India. Human rights activist Ravi Nair had alleged that the article carried defamatory insinuations against him. A magistrate had earlier taken cognisance of the complaint and issued summons, prompting Bhowmick to seek quashing of the proceedings under Section 482 CrPC.

Justice Neena Bansal Krishna, after reviewing the material, held that criminal defamation requires a false imputation that damages a person’s reputation in the eyes of others. The court noted that Nair did not dispute the factual accuracy of the article and failed to show how the reporting was false, malicious or intended to harm him. The bench also underscored that journalistic style, tone or narrative cannot constitute defamation when the underlying facts are correct.

Citing established legal principles, the court observed that fair and accurate reporting on matters of public interest is protected under the exceptions to Section 499 IPC. It also found that the complainant had produced no witness or material to prove that his reputation suffered due to the article.

Additionally, the court held the complaint time-barred, applying the ‘single publication rule’, which states that limitation begins from the date of first publication, not from continued online availability.

Concluding that the essential ingredients of criminal defamation were missing, the HC quashed the complaint and the summoning orders, disposing of the petition along with pending applications.