In a small victory for Shilpa Shetty Kundra, the Bollywood actress was able to get a Bombay High Court ruling partly in her favour, with several media outlets asked to take down content in light of her defamation suit.
However, the HC also passed an interim order in the matter stating: “No part of this shall be construed as a gag on media. Not passing any order but this should not be construed that ad interim or interim relief is refused.”
“If a person is a public figure, it should not be construed that the person has been deemed to have sacrificed the right to privacy. None of this should involve Shilpa Shetty’s parenting or her children,” the court further stated.
The court also stated that the defendants, other than those who have been asked to take down their articles, will have to file an affidavit. The next hearing has been set for September 20.
While this was a small win for the Bollywood star, the HC did take a middle ground in other matters, stating that news reports that were based on police sources cannot be termed as malicious and defamatory, telling Shetty Kundra’s lawyer that any ruling in their favour “will have serious consequences on the freedom of the press.”
“You give me individual examples of defendants saying malicious things, I will look into it. But, news reports based on police sources cannot be called malicious and defamatory. What you are expecting me to do will have very serious consequences on freedom of the press,” the court stated.
On Thursday, Shetty Kundra filed defamation suit in Bombay High Court against 29 media personnel and media houses accusing them of “false reporting and maligning her image” following the arrest of her husband Raj Kundra in a case that alleges he was the key conspirator in the filming and distribution of pornography through mobile apps.
Shetty Kundra’s suit wanted the court to order the defendants to jointly pay her Rs200 million with interest thereon at 18 per cent per annum from the date of filing of the suit until payment and/or realisation.
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Shetty urged the High Court to issue a “permanent and mandatory injunction restraining the defendants, (themselves and through their servants, agents, assigns and/or any person claiming by or through them) from making and/or publishing and/or reproducing and/or circulating and/or speaking and/or communicating, any derogatory and defamatory statements.”
She also requested the High Court to issue a mandatory order directing the defendants to forthwith delete and/or remove the defamatory articles and the defamatory videos from their respective websites and social media platforms and to issue an unconditional apology. — With additional reporting from ANI
