In a significant ruling on Friday, the Supreme Court annulled the Delhi High Court’s directive instructing news platform “The Bloomberg” to remove its allegedly defamatory article concerning Zee Entertainment Enterprises Limited.
Chief Justice of India DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, highlighted that the trial courts’ ex parte interim injunctions failed to adequately apply the three-fold test required for granting temporary injunctions. Emphasizing the importance of judicial scrutiny tailored to the specifics of each case, the bench criticized the high court’s failure to assess the factual basis for establishing the injunction.
The Delhi High Court, in its March 14 ruling, upheld the trial court’s order, giving “The Bloomberg” three days to comply. The legal action stemmed from a defamation suit initiated by Zee Entertainment against Bloomberg Television Production Services India Private Limited, including the authors of a contentious report published on February 21 titled “India Regulator Discovers $241 Million Accounting Discrepancy at Zee.”
The CJI pointed out the trial court’s insufficient reasoning in paragraph 9 of its order, which formed the basis of the high court’s decision. The bench clarified that the respondents could file fresh injunction applications before the trial judge overseeing the main proceedings, emphasizing adherence to the Supreme Court’s directives.
Paragraph 9 of the Order reads as follows: In my view, the plaintiff has made out a prima facie case for passing ad interim ex-parte orders of injunction, balance of convenience is also in favor of plaintiff and against the defendant and irreparable loss and injury may becaused to the plaintiff, if the injunction as prayed for is not granted. In view there of, defendant no.1 and defendant no.2 are directed to take down the article dated 21.02.2024 (page 84 to 86 of the plaintiff ‟s document)from online platform within one week of receipt of this order. The defendants are further restrained from posting, circulating or publishing the aforesaid article in respect of the plaintiff on any online or offline platform till the next date of hearing
Represented by Senior Advocate Mr. Mukul Rohatgi, the petitioners await the resumption of main proceedings on March 26.
Case Details: BLOOMBERG TELEVISION PRODUCTION SERVICES INDIA PRIVATE LIMITED vs. ZEE ENTERTAINMENT ENTERPRISES LIMITED SLP(C) No. 006696 – /2024
