Media persons cannot be prosecuted for discussing a book that is in the public domain, the Kerala High Court said on Friday while quashing a defamation case filed against editors of a Malayalam news channel, reported Live Law.
Prakash, the executive editor, and MV Nikesh Kumar, the director and chief editor of Reporter Channel, were accused of defaming spiritual leader Amritanandamayi and her organisation by airing a show called “Big Story”.
The show was based on the book Holy Hell by Gail Tredwell.
A follower of Amritanandamayi accused the channel of defaming the spiritual leader and filed a defamation complaint in 2014, which was challenged by Prakash and Kumar.
On Friday, a bench of Justice PV Kunhikrishnan noted that the book Holy Hell is available in public domain and it has also been translated into Malayalam.
The court said that petitioners cannot be expected to stay quiet and not discuss the book.
It also observed that if Mata Amritanandamayi Math or its devotees were not taking action against the author or publisher of the book, they could not file defamation claims against journalists for discussing it.
“It was only a fair and honest discussion of the book’s contents,” the court said, reported The Hindu. “If that is prohibited, it will infringe the media’s freedom of speech.”
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