Bombay HC on Shilpa Shetty case: 'Reporting what police said never defamatory' | Latest News India - Hindustan Times
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Bombay HC on Shilpa Shetty case: 'Reporting what police said never defamatory'

By | Written by Poulomi Ghosh
Jul 30, 2021 04:10 PM IST

The Bombay high court has asked some media platforms to take down some of their reporting on Shilpa Shetty regarding Raj Kundra's alleged porn racket case and said that this is not a gag on media.

The Bombay high court on Friday made some significant observations regarding the right to privacy and press freedom as it was hearing the 25 crore defamation suit filed by Bollywood actor Shilpa Shetty in connection with husband, businessman Raj Kundra's arrest in the pornography case.

The high court ordered some platforms to take down their reportage on Shilpa Shetty and said there has to be a balance between right to privacy and press freedom.(PTI)
The high court ordered some platforms to take down their reportage on Shilpa Shetty and said there has to be a balance between right to privacy and press freedom.(PTI)

"The line between freedom of press & right to privacy will have to be balanced. It is possible that freedom of speech may have to be narrowly tailored. But it is not possible to ignore the constitutional pinning of privacy nor to say that if a person is a public figure, that person is deemed to have sacrificed his right to privacy," Justice Gautam S Patel observed, as reported by LiveLaw.

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The court observes that reporting of something that the crime branch or police sources said is never defamatory and hence expressed doubt on whether a blanket restraint can be issued.

At the same time, the court also observed that Shilpa Shetty is the mother of two minor children and just because she is a public figure, it does not mean that she has sacrificed her privacy.

The actor who has been interrogated by the Mumbai Police in connection with Raj Kundra's alleged porn racket and web streaming platform Hotshots moved the high court on Thursday alleging that many media organisations have published incorrect, false, malicious and defamatory content against her. Sensationalising the arrest caused "irreparable harm and damage to ger reputation," the actor's plea said.

Apart from several media organisations, Twitter, Facebook, Instagram and YouTube were named in the petition.

During the hearing, some of the content labelled as malicious by Shilpa Shetty's lawyer was brought to the notice of the court. Mentioning a commentary of one particular channel, Shilpa Shetty's lawyer said teh commentator passed on remarks about the quality of Shilpa Shetty's parenting as well. Her lawyer also noted that the said video has been taken down by the channel.

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