Karnataka HC refuses to quash actor Divya Spandana’s defamation case against Asianet News, journalist

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High Court rejects defamation appeal

The accused parties in the case had approached the High Court and submitted an application appealing for the quashing of the defamation case, citing that their telecast of the news did not engage in libel or slander, and was in line with reports aired by other media sources.

They argued that as a media house, they were protected under the fourth exception to Section 499 (defamation) of the IPC, which states that publishing a true report of court proceedings does not amount to defamation.

However, the high court observed that the accused had not produced any material evidence to show that there were legal proceedings against Ramya for being involved in the betting scandal and that the media house had obtained reports from those proceedings.

The court then refused to quash the defamation proceedings against Asianet News Network, its Kannada channel Suvarna News, and journalist Bhat.

Justice S Viswajith Shetty observed that the accused had depicted the actor as being involved in cricket betting and spot-fixing knowing well that it could damage her reputation.

“According to the complainant, the accused persons have made visible representation depicting as if the petitioner was involved in cricket betting and spot-fixing, knowing very well or having reason to believe that the same is likely to cause damage to the reputation of the complainant. Therefore, it cannot be said that there is no prima facie case against the accused to stand trial for the offence punishable under Section 500 of IPC,” the Court noted in its order dated 4 March, reported Bar and Bench.

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The case

Ramya, a former Congress Lok Sabha MP,  had filed a defamation lawsuit against Suvarna News 24×7,  a subsidiary of Asianet News Network, in 2013 and its journalist Bhat for airing a news report on 31 May 2013, related to a cricket-betting and spot-fixing scandal in the IPL cricket matches, where her photographs and videos were repeatedly shown, allegedly linking her involvement in the scandal.

The court in 2016, had ordered the defendants to pay ₹50 lakh to the actor as damages for falsely implicating her involvement in the case.

Ramya, who was then the brand ambassador of Royal Challengers Bangalore, had successfully proved that the news report telecast was without evidence and had caused her not only defamation but also dented her reputation and career in the film industry.

(Edited by Shauqueen Mizaj)