Bollywood v. Republic: Delhi HC will shortly commence hearing on plea moved by film production houses against allegedly derogatory reporting by @republic and @TimesNow

#ArnabGoswami @navikakumar
The matter will be taken up by the Single Bench of Justice Rajiv Shakdher

#ArnabGoswami @navikakumar @republic @TimesNow
Senior Advocates Kapil Sibal, Sajan Poovayya, and Sandeep Sethi are appearing in the matter

#ArnabGoswami @navikakumar @republic @TimesNow
All the counsel are having discussion on Delhi& #39;s pollution

& #39;Bohot bura haal hai& #39;, they say in unison

#ArnabGoswami @navikakumar @republic @TimesNow
Senior Advocates Arvind Nigam and Rajiv Nayar are also appearing in the matter

#ArnabGoswami @navikakumar @republic @TimesNow
The Single Bench of Justice Shakdher has assembled, matter begins

#ArnabGoswami @navikakumar @republic @TimesNow
Rajiv Nayar for the plaintiffs: exhibits the reporting of Arnab Goswami before the court; words such as & #39;kingpin of Bollywood& #39;, & #39;Pakistani funded& #39;, & #39;nepotists& #39;, & #39;Bollywood& #39;s rotting cabal which uses stolen scripts& #39;

#ArnabGoswami @navikakumar @republic @TimesNow
Nayar continues to read an excerpt from Arnab& #39;s reporting: & #39;Kangana was right, Sushant was too good for this industry, no perfume can diffuse Bollywood& #39;s stench, boycott Bollywood, clean up Bollywood& #39;s dirt& #39;

#ArnabGoswami @navikakumar @republic @TimesNow
Nayar continues to read Arnab& #39;s reporting: & #39;crack open Bollywood& #39;s drug nexus, go after the drug nexus, elite of Bollywood has begun to stink like drugs, @deepikapadukone is asking for & #39;maal& #39;, talent managers are providing drugs to these stars

#ArnabGoswami @navikakumar
Nayar: Arnab suggests that Bollywood has links with Pakistan. Reporting which started with Sushant Singh then moved to drug peddling and Bollywood& #39;s links with Pakistan and ISIS

#ArnabGoswami @navikakumar @republic @TimesNow
Nayar continues to read all that Arnan reported under his signature title, & #39;The Nation Wants To Know Tonight& #39;

#ArnabGoswami @navikakumar @republic @TimesNow
Nayar: After general allegations, Arnab then moved on to make specific allegations. He said whether action will be taken against @iamsrk for doing anti-India activities

#ArnabGoswami @navikakumar @republic @TimesNow
Nayar argues that Arnab in his reporting made specific allegations against Bollywood for allegedly doing anti-India activities, having links with the underworld, and getting funding from ISIS

#ArnabGoswami @navikakumar @republic @TimesNow
Nayar points out that Arnab said in his reporting that @iamsrk supports jihad and the ideology of @ImranKhanPTI

& #39;SRK must issue a public statement denouncing these links with terror supporters& #39;, Arnab had said

#ArnabGoswami @navikakumar @republic @TimesNow
Nayar also exhibits the comments made by the panellists who came to these & #39;debates& #39; broadcasted on Republic TV

#ArnabGoswami @navikakumar @republic @TimesNow
Nayar: When Republic started using such reportage to increase their TRP, others ( @TimesNow ) start following

& #39;Times Now went a step further and started showing WhatsApp chats. I don& #39;t know how they got them& #39;, he argues

#ArnabGoswami @navikakumar @republic @TimesNow
Nayar now shows the court the excerpts from Times Now& #39;s reportage

& #39;Times Now has accessed the list of questions used by NCB to grill Rhea Chakraborti& #39;, Times Now had reported

#ArnabGoswami @navikakumar @republic @TimesNow
Nayar: Times Now& #39;s reporting is even more dangerous as its interferes with the investigation

#ArnabGoswami @navikakumar @republic @TimesNow
Nayar: It started with SSR suicide, then suicide became murder, and then Bollywood became murderers, jihadis, drug pedallers

#ArnabGoswami @navikakumar @republic @TimesNow
Nayar now points out the excerpts from the reporting of @ABPNews

& #39;The only channel that did responsible reporting is @IndiaToday. They realised their mistake and corrected their course& #39;, Nayar submits

#ArnabGoswami @navikakumar @republic @TimesNow
Nayar: I can understand fair criticism, but can anyone say that please don& #39;t stop us from making derogatory and irresponsible remarks

#ArnabGoswami @navikakumar @republic @TimesNow
Nayar: Defendants must be restrained from interfering with plaintiffs& #39; right to privacy

& #39;There& #39;s one channel that is hounding @deepikapadukone, from airport to Goa and back& #39;, he argues

#ArnabGoswami @navikakumar @republic @TimesNow
Nayar: Defendants should be immediately directed to delete the scurrilous tweets made against Bollywood

#ArnabGoswami @navikakumar @republic @TimesNow
Nayar cites the judgment in Vibhor Anand case to substantiate his arguments

#ArnabGoswami @navikakumar @republic @TimesNow
Nayar: Public perception is influenced with such consistently biased reporting

#ArnabGoswami @navikakumar @republic @TimesNow
Akhil Sibal: There& #39;s a disjunct between the normative idea of journalism and the work done by a certain section of TV media. That& #39;s why high standards of restraining media reporting against the latter requires a rethink

#ArnabGoswami @navikakumar @republic @TimesNow
Akhil Sibal: Defendants made sweeping abusive statements against the Plaintiffs; called Bollywood the & #39;dirtiest industry in the world& #39;

#ArnabGoswami @navikakumar @republic @TimesNow
Akhil Sibal reads out the statements made against Bollywood in shows broadcasted by Defendants

& #39;These statements are complete perversion of license and rights that journalists generally enjoy& #39;, he argues

#ArnabGoswami @navikakumar @republic @TimesNow
Akhil Sibal: courts had earlier showed hope for self-regulation by media and hence have been circumspect about restraining reporting, but certain channels are not doing self-regulation

#ArnabGoswami @navikakumar @republic @TimesNow
Akhil Sibal: Despite repeated reprimanding by the National Broadcasters Association, these channels are not doing self-regulation. Therefore, the court must interfere

#ArnabGoswami @navikakumar @republic @TimesNow
Akhil Sibal reads out the standards on reporting of pending judicial proceedings or investigations

& #39;journalists are not supposed to comment on the personal culpability of any person& #39;, he argues

#ArnabGoswami @navikakumar @republic @TimesNow
Akhil Sibal: standards set up be journalists themselves prohibit conjectural and speculative reporting

#ArnabGoswami @navikakumar @republic @TimesNow
Akhil Sibal reads out the observations of the National Broadcasters Association on the style of reporting followed in the Newshour debates broadcasted by the defendants

#ArnabGoswami @navikakumar @republic @TimesNow
Sibal points out that NBSA did say that it& #39;s mindful of the fact that sometimes media goes overboard in its crusade to seek the truth, however, media should be wary of media trials and vigilante journalism

#ArnabGoswami @navikakumar @republic @TimesNow
& #39;NBSA had said that & #39;seeking truth& #39; can& #39;t be a license for media channels to violate the rights of an accused and destroy his life& #39;, Sibal point out.

#ArnabGoswami @navikakumar @republic @TimesNow
Akhil Sibal: Even in @ShashiTharoor case against Arnab Goswami, the court had directed the latter to practice restrain

& #39;Self-regulation by media is not happening and something more stringent is required& #39;, he argues

#ArnabGoswami @navikakumar @republic @TimesNow
Sibal cites Delhi HC& #39;s order in @ShashiTharoor case against Arnab Goswami which says that media can& #39;t convict a person when the investigation or trial is pending

#ArnabGoswami @navikakumar @republic @TimesNow
Akhil Sibal has screen shared the entire order for public viewing

@Cisco

#ArnabGoswami @navikakumar @republic @TimesNow
Akhil Sibal: media channels are describing their speculative material as & #39;evidence& #39;, how can they do that without the scrutiny of the court?

#ArnabGoswami @navikakumar @republic @TimesNow
Akhil Sibal: Evidence is scrutinised by the court, not by the media channels. The same was noted by this court in @ShashiTharoor case against Arnab Goswami

#ArnabGoswami @navikakumar @republic @TimesNow
Akhil Sibal: Defendants have violated the Programme Code which is binding on them

#ArnabGoswami @navikakumar @republic @TimesNow
Akhil Sibal reads out the Programme Court

& #39;there& #39;s a statutory requirement to comply with this Code. Defendants have flagrantly violated it& #39;, he argues

#ArnabGoswami @navikakumar @republic @TimesNow
Akhil Sibal: All these videos are being shown on Defendants& #39; YouTube channels. These @YouTube videos must be taken down immediately

#ArnabGoswami @navikakumar @republic @TimesNow
Nayar summarises the grievances against defendants: There& #39;s defamation, breach to right to privacy, jeopardising personal safety, injurious falsehood, breach of the Programme Code, and parallel investigations

#ArnabGoswami @navikakumar @republic @TimesNow
Court: Why haven& #39;t the individuals who claim defamation have become plaintiffs in this matter

Nayar: Milord, they are part of the plaintiff association

#ArnabGoswami @navikakumar @republic @TimesNow
Court raises the issue of & #39;class defamation& #39;

& #39;If individuals are harmed, they should come separately& #39;, the court asks plaintiffs

#ArnabGoswami @navikakumar @republic @TimesNow
Nayar: The Association Plaintiff is representing all these individuals in this suit

#ArnabGoswami @navikakumar @republic @TimesNow
Court: Have you claimed damages here?

Nayar: No

Court: It shows that these individuals are hesitant in claiming damages also

#ArnabGoswami @navikakumar @republic @TimesNow
Court: It& #39;s a tortious act, you can get compensated during the trial. It seems like these individuals are willing to strike but unwilling to continue

Nayar: Milord, it takes courage to come this far. We& #39;re anyway seeking damages we can seek compensation also

#ArnabGoswami
Nayar: Some specific persons can be impleaded

Court: Yes, I mean someone should come forward

#ArnabGoswami @navikakumar @republic @TimesNow
Akhil Sibal: There& #39;s a malicious attack against Bollywood as a whole, that& #39;s why the Association has come together and come forward to protect the interests of its members as a whole

#ArnabGoswami @navikakumar @republic @TimesNow
Akhil Sibal: Times Now and Republic represent 70% of the English visual media. Their virulent attack increases the vulnerability of the plaintiffs

#ArnabGoswami @navikakumar @republic @TimesNow
Akhil Sibal: Idea is not to attack media as a whole, the idea is to ensure some course correction. It can& #39;t continue like this

& #39;We& #39;re not against the 4th estate, we& #39;re afraid of fringe becoming the mainstream& #39;

#ArnabGoswami @navikakumar @republic @TimesNow
Court: We aspect clear reportage and neutrality. But this kind of reportage is taking place all over the world

Court reminisces about the Doordarshan days, & #39;Those were the lovely days& #39;, court says

#ArnabGoswami @navikakumar @republic @TimesNow
Senior Adv Arvind Nigam argues that @Google @YouTube have not been served adequate notice and papers

& #39;There& #39;s no reason for YouTube to be a party in this when Google is already a party& #39;, he argues

#ArnabGoswami @navikakumar @republic @TimesNow
Nigam: When the complaining person is not before the court, this becomes shadow-boxing against a general corporate entity

#ArnabGoswami @navikakumar @republic @TimesNow
Nigam: If defendants are directed to remove their videos, YouTube as an intermediary doesn& #39;t come into this picture

#ArnabGoswami @navikakumar @republic @TimesNow
Nigam: When Defendants are directed to remove videos, then remove them, I don& #39;t come into this picture. Only when they don& #39;t comply, that YouTube comes into the picture with geo-blocking

#ArnabGoswami @navikakumar @republic @TimesNow
Senior Adv Sajan Poovayya: I don& #39;t understand why @TwitterIndia is made a party to this suit. Twitter doesn& #39;t control the content posted on the website

#ArnabGoswami @navikakumar @republic @TimesNow
Senior Adv Sandeep Sethi appears for @TimesNow @navikakumar and @RShivshankar

& #39;There are 38 plaintiffs before the court out of which 35 are companies& #39;, he points out

#ArnabGoswami @navikakumar @republic @TimesNow
Sethi: Imputations claimed by the plaintiffs as defamatory are not in any manner made against them. In no manner, the right to privacy of the plaintiffs are violated

#ArnabGoswami @navikakumar @republic @TimesNow
Sethi: It is not the case of the plaintiffs that any one of them is facing a trial or investigation

& #39;None of the plaintiffs are aggrieved parties in the present matter& #39;, he argues

#ArnabGoswami @navikakumar @republic @TimesNow
Sethi: In matters of defamation and privacy, third parties have no locus to maintain an action. Only persons against whom imputations are made can file such a suit

#ArnabGoswami @navikakumar @republic @TimesNow
Sethi cites the case of ONGC case to substantiate his arguments on maintainability of this suit

Court: We get your preliminary objections

#ArnabGoswami @navikakumar @republic @TimesNow
Court to Defendants: What& #39;s your answer to complaints made against such reporting? There has to be some toning down, Programme Code needs to be complied with. What should be done when you don& #39;t practice self-regulation? What do we do about this?

#ArnabGoswami @navikakumar
Court to Defendants: Your undertakings before the court and authorities are not working, it& #39;s very demoralising. Of course, you can investigate, but you can& #39;t run a maligning campaign. There hasn& #39;t even been an FIR and channels start calling persons as accused

#ArnabGoswami
Court narrates a past incident when a person was lynched due to incorrect and malicious reporting by media

#ArnabGoswami @navikakumar @republic @TimesNow
Court to Defendants: Even trained and educated minds get affected by such consistently misreporting. You tell us how should we resolve this?

#ArnabGoswami @navikakumar @republic @TimesNow
Court: I& #39;m generally asking as to what mechanism should be put in place to change the way reporting is taking place these days

#ArnabGoswami @navikakumar @republic @TimesNow
Court: There& #39;s also the issue of the visuals shown in broadcasting - flames burning, etc. I don& #39;t have an aesthetic for that, maybe I& #39;m old school.

#ArnabGoswami @navikakumar @republic @TimesNow
Court: People are very scared about the 4th estate. Even when the issue of privacy of public figures gets diluted, you can& #39;t drag their personal lives in public domain. Like how Princess Diana succumbed to the media interference

#ArnabGoswami @navikakumar @republic @TimesNow
Sethi: The complaints filed against the defendants are currently pending before NBSA

#ArnabGoswami @navikakumar @republic @TimesNow
Court to Defendants: Our observations apply to all of you, you have to tell us what to do. If you don& #39;t follow the Programme Code, we will enforce it

#ArnabGoswami @navikakumar @republic @TimesNow
Court: Why are you citing the Bombay HC proceedings here? Do you want to say that this court has no jurisdiction to hear this matter?

#ArnabGoswami @navikakumar @republic @TimesNow
Court: media did outstanding work in the Benix case.

Malvika Trivedi: 2 deaths, that of SSR and his manager, in mysterious circumstances led to revelation of a lot of information in public domain due to relentless reportage of Republic TV

#ArnabGoswami @navikakumar @republic
Court: We& #39;re not saying that you can& #39;t cover such news, you just have to do responsible journalism

#ArnabGoswami @navikakumar @republic @TimesNow
Court: We& #39;re not saying that you can& #39;t cover such news, you just have to do responsible journalism

#ArnabGoswami @navikakumar @republic @TimesNow
@Tv19_News challenges the maintainability of this suit by arguing that only Rs 600 have been claimed as compensation

Court: Really? That& #39;s your best argument as the officer of the court?

#ArnabGoswami @navikakumar @republic @TimesNow
Court: Participants on TV debates get so excited that they use cuss words during live telecast!

#ArnabGoswami @navikakumar @republic @TimesNow
@KapilSibal appearing for @Facebook : We& #39;re abide by this court& #39;s orders but we really have no role to play as per Shreya Singhal judgment

#ArnabGoswami @navikakumar @republic @TimesNow
@KapilSibal : words are mightier than the sword. We need to access how the 4th estate is working; a balance needs to be struck

#ArnabGoswami @navikakumar @republic @TimesNow
Google India and Facebook India seeks deletion from the suit as necessary parties

#ArnabGoswami @navikakumar @republic @TimesNow
Court deletes Google India and Facebook India as necessaries parties from the suit

#ArnabGoswami @navikakumar @republic @TimesNow
Court asks Plaintiffs as they would be willing to array certain aggrieved individuals as parties to this suit?

Nayar: We will take instructions and come back

#ArnabGoswami @navikakumar @republic @TimesNow
Court issues notice to all the parties, directs them to file written statements within 2 weeks

#ArnabGoswami @navikakumar @republic @TimesNow
& #39;Meanwhile, you should have no problem in following the Programme Code& #39;, court directs the Defendants

#ArnabGoswami @navikakumar @republic @TimesNow
Malvika Trivedi for Republic: It would be difficult for us to file a reply in 2 weeks as Arnab Goswami is in judicial custody

Court: I& #39;m sure you& #39;ll have other people in the organisation to work on the reply

#ArnabGoswami @navikakumar @republic @TimesNow
Court records in the order assurances given by the Defendants to follow the Cable TV Act & Rules, and the Programme Code

#ArnabGoswami @navikakumar @republic @TimesNow
Court to Sandeep Sethi: I& #39;m not directing for the @YouTube videos to be taken down as of now, but you please come back with some serious consideration on how to resolve this matter

#ArnabGoswami @navikakumar @republic @TimesNow
The court will next take up this matter on Dec 14

#ArnabGoswami @navikakumar @republic @TimesNow
hearing ends
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