Leading Kottyam Based News Publication Malayala Manorama Gets Relief from Kerela HC

The Kerala High Court dismissed a private complaint against the Chief Editor, Managing Editor and Publisher of Malayala Manorama Daily. is the second oldest publication in Kerela.

R. Chandrasekaran and three others filed a private complaint wherein it was alleged that the news item was published in order to defame them. The published news item involved a vigilance report against the complainants in the leading daily Manorama Malayala.

The magistrate took cognizance of his complaint and registered a case of defamation under Section 500, Indian Penal Code.

The single-judge bench of Justice P. Somarajan remarked that the right of the press to publish news cannot be challenged unless malafides writ large on its face and not concerning with a matter of public interest or public good. It upheld the right of the press to report news and provide comments and analyses of the same. 

Justice P. Somarajan observed that the press has the right to publish a news item with its necessary comments and views. 

“Contemptuous nature of news item, if it is connected with the imputation of truth, which requires publication for the public goodwill will not attract the offence of defamation”

The court further affirmed the duty of news media to remain vigil and publish relevant and publically important news. The court pointed out that a news item may fall under the purview of defamation when it does not serve the public interest and not done in good faith.