Bombay High Court refuses to gag media on Shilpa Shetty's plea, says 'reportage of something based on what police have said is not defamatory'

By Rashita Sahni

on July 31, 2021 09:45:08 AM

On Thursday, Shilpa Shetty had moved the high court accusing the media and social media platforms like Twitter, Facebook, Instagram and YouTube of publishing defamatory content about her on their platforms, in relation to husband Raj Kundra's arrest in a pornography case. The actress had sought an order to restrain publications of incorrect, false, malicious, and defamatory information against her on social media and news websites.

On Friday, The Bombay High Court refused to restrain media organizations and social media platforms from publishing information related to the case. Hearing the matter, Justice Gautam Patel said what Shilpa Shetty is seeking in her plea will "have a chilling effect on the freedom of press". He added, "Reportage of something based on what police have said is not defamatory."

In her plea, Shilpa had objected to certain media channels carrying news reports about her breaking down when Mumbai Police officials took Raj Kundra to their residence for searches last week. Appearing for Shilpa, advocate Biren Saraf objected to such reports, arguing that it was "something that happened between a husband and wife, and should not have been reported".

However, Justice Patel said the act (Shilpa Shetty breaking down) took place in front of outsiders (cops) and it was reported from "crime branch sources". "You (Shilpa) chose a public life. Your life is under a microscope. Firstly, articles saying she cried and fought with her husband when her statement was recorded, is not defamatory. It shows that she is a human," said Justice Gautam Patel.

After hearing the plea, the court specified in its order, "No part of this order (should) be construed as a gag on the media. I am making no order, but this is not refusal of interim or ad-interim relief" that is being sought by Shilpa either. Justice Patel also clarified in his order that none of the reportage on Shilpa should pertain to the parenting of her children. "That part is protected by her right of privacy under the wide protection recognised by the freedom of press to be balanced with right of privacy."

(Source: India Today)