Sting operation an important part of society, defamation legislation cannot be used to crack gag media: HC

NEW DELHI: Sting Operations Are An" Important Part Of Society" ; While Helping To Unmask Crimes And Defamation, It Cannot Be Used To Silence, Suppress And Silence The Press And Media, It Has Said.

The Court Said It Should Not Be Forgotten That The Slander Act Is Potentially An Unreasonable Restriction On Freedom Of Expression And Expression, As Guaranteed By The Constitution, And That The Judge Has A Duty To Ensure That The Slander Act Is Not Exploited .

Justice Rajiv Sahai Endlaw ' S Observations Came While A Smear Suit Was Rejected Submitted By Indian Potash Ltd (IPL), A Central Government Company Calling Rs 11 For Damage To The Owner And Editor Of A News Channel.

On April 27 And 28, 2007, A Program Was Broadcast On The News Channel, Which Showed That The Company In Western Uttar Pradesh Would Have Sold Mutilated Or Synthetic Milk.

The Court Said That The Company Has Not Proven To Have Suffered Any Slander Or Consequence, And That It Was Not Inclined To Return To Smaad Or Even Award A Nominal Compensation To The Claimant Against The Media Agency.

Sting Operations, Possibly In The Recent Past, Are The Result Of Advances In Technology That Makes Video And Audio Recordings Possible, Without The Target Person Knowing. Such Stab Operations Take Their Own Place And Nowadays Form An Important Part Of Society.

" Misconduct Is Always Clandestine, Shrouded In Mystery And Rarely Proven Because Of The Complexity Of All Involved And With Hardly Any Evidence. No One Surrendering To Such Crimes Admits It, The Least To Journalists And Media Persons. The Real Image Becomes Real Presented By Falling A Said.

The Court Added That In This Broadcast, Too, The Media People Introduced Themselves To Engage In Doing Business With Milk And Wanted To Be Interested In Services By Counterfeiters Or Tips.

It Noted That Fake Milk, A Vital Food Product That Is Generally Valued In Our Society As An Essential Ingredient, Especially For Children, Has Always Been A Subject Of Public Interest And Concern Because It Affects Health And Well-being.

The Court Said That The Only Way To Publicize The Same Is Through Such Stab Operations That May Not Lead To The Punishment Of The Guilty, But At Least Has The Consequence That The Crimes Are Stopped Or Suspended, Even If Only Time.

It Said That The Press And The Media Are Not Exempt Or Are Always Protected Against Defamation Law, But It Must Be Kept In Mind That Defamation Legislation Is Not Used To Complain, Silence, Suppress And To Subject.

We Live Today In An Age Of ' Right To Information ' With Cases That Up To Now Were Inaccessible To The Public, Accessible To The Public And Ultimately Leading To Good Governance, The Court Said.

It Also Referred To The Recent Rafale Judgment And Said That The Supreme Court Has Gone So Far That The Right To Information Even Dominates And That It Should Be Read Harmoniously With I.

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