Bollywood v. Republic: Delhi HC will shortly commence hearing on plea moved by film production houses against allegedly derogatory reporting by @republic and @TimesNow

#ArnabGoswami @navikakumar

The matter will be taken up by the Single Bench of Justice Rajiv Shakdher

#ArnabGoswami @navikakumar @republic @TimesNow

Senior Advocates Kapil Sibal, Sajan Poovayya, and Sandeep Sethi are appearing in the matter

#ArnabGoswami @navikakumar @republic @TimesNow

All the counsel are having discussion on Delhi's pollution

'Bohot bura haal hai', they say in unison

#ArnabGoswami @navikakumar @republic @TimesNow

Senior Advocates Arvind Nigam and Rajiv Nayar are also appearing in the matter

#ArnabGoswami @navikakumar @republic @TimesNow

The Single Bench of Justice Shakdher has assembled, matter begins

#ArnabGoswami @navikakumar @republic @TimesNow

Rajiv Nayar for the plaintiffs: exhibits the reporting of Arnab Goswami before the court; words such as 'kingpin of Bollywood', 'Pakistani funded', 'nepotists', 'Bollywood's rotting cabal which uses stolen scripts'

#ArnabGoswami @navikakumar @republic @TimesNow

Nayar continues to read an excerpt from Arnab's reporting: 'Kangana was right, Sushant was too good for this industry, no perfume can diffuse Bollywood's stench, boycott Bollywood, clean up Bollywood's dirt'

#ArnabGoswami @navikakumar @republic @TimesNow

Nayar continues to read Arnab's reporting: 'crack open Bollywood's drug nexus, go after the drug nexus, elite of Bollywood has begun to stink like drugs, @deepikapadukone is asking for 'maal', talent managers are providing drugs to these stars

#ArnabGoswami @navikakumar

Nayar: Arnab suggests that Bollywood has links with Pakistan. Reporting which started with Sushant Singh then moved to drug peddling and Bollywood's links with Pakistan and ISIS

#ArnabGoswami @navikakumar @republic @TimesNow

Nayar continues to read all that Arnan reported under his signature title, 'The Nation Wants To Know Tonight'

#ArnabGoswami @navikakumar @republic @TimesNow

Nayar: After general allegations, Arnab then moved on to make specific allegations. He said whether action will be taken against @iamsrk for doing anti-India activities

#ArnabGoswami @navikakumar @republic @TimesNow

Nayar argues that Arnab in his reporting made specific allegations against Bollywood for allegedly doing anti-India activities, having links with the underworld, and getting funding from ISIS

#ArnabGoswami @navikakumar @republic @TimesNow

Nayar points out that Arnab said in his reporting that @iamsrk supports jihad and the ideology of @ImranKhanPTI

'SRK must issue a public statement denouncing these links with terror supporters', Arnab had said

#ArnabGoswami @navikakumar @republic @TimesNow

Nayar also exhibits the comments made by the panellists who came to these 'debates' broadcasted on Republic TV

#ArnabGoswami @navikakumar @republic @TimesNow

Nayar: When Republic started using such reportage to increase their TRP, others ( @TimesNow ) start following

'Times Now went a step further and started showing WhatsApp chats. I don't know how they got them', he argues

#ArnabGoswami @navikakumar @republic @TimesNow

Nayar now shows the court the excerpts from Times Now's reportage

'Times Now has accessed the list of questions used by NCB to grill Rhea Chakraborti', Times Now had reported

#ArnabGoswami @navikakumar @republic @TimesNow

Nayar: Times Now's reporting is even more dangerous as its interferes with the investigation

#ArnabGoswami @navikakumar @republic @TimesNow

Nayar: It started with SSR suicide, then suicide became murder, and then Bollywood became murderers, jihadis, drug pedallers

#ArnabGoswami @navikakumar @republic @TimesNow

Nayar now points out the excerpts from the reporting of @ABPNews

'The only channel that did responsible reporting is @IndiaToday. They realised their mistake and corrected their course', Nayar submits

#ArnabGoswami @navikakumar @republic @TimesNow

Nayar: I can understand fair criticism, but can anyone say that please don't stop us from making derogatory and irresponsible remarks

#ArnabGoswami @navikakumar @republic @TimesNow

Nayar: Defendants must be restrained from interfering with plaintiffs' right to privacy

'There's one channel that is hounding @deepikapadukone, from airport to Goa and back', he argues

#ArnabGoswami @navikakumar @republic @TimesNow

Nayar: Defendants should be immediately directed to delete the scurrilous tweets made against Bollywood

#ArnabGoswami @navikakumar @republic @TimesNow

Nayar cites the judgment in Vibhor Anand case to substantiate his arguments

#ArnabGoswami @navikakumar @republic @TimesNow

Nayar: Public perception is influenced with such consistently biased reporting

#ArnabGoswami @navikakumar @republic @TimesNow

Akhil Sibal: There's a disjunct between the normative idea of journalism and the work done by a certain section of TV media. That's why high standards of restraining media reporting against the latter requires a rethink

#ArnabGoswami @navikakumar @republic @TimesNow

Akhil Sibal: Defendants made sweeping abusive statements against the Plaintiffs; called Bollywood the 'dirtiest industry in the world'

#ArnabGoswami @navikakumar @republic @TimesNow

Akhil Sibal reads out the statements made against Bollywood in shows broadcasted by Defendants

'These statements are complete perversion of license and rights that journalists generally enjoy', he argues

#ArnabGoswami @navikakumar @republic @TimesNow

Akhil Sibal: courts had earlier showed hope for self-regulation by media and hence have been circumspect about restraining reporting, but certain channels are not doing self-regulation

#ArnabGoswami @navikakumar @republic @TimesNow

Akhil Sibal: Despite repeated reprimanding by the National Broadcasters Association, these channels are not doing self-regulation. Therefore, the court must interfere

#ArnabGoswami @navikakumar @republic @TimesNow

Akhil Sibal reads out the standards on reporting of pending judicial proceedings or investigations

'journalists are not supposed to comment on the personal culpability of any person', he argues

#ArnabGoswami @navikakumar @republic @TimesNow

Akhil Sibal: standards set up be journalists themselves prohibit conjectural and speculative reporting

#ArnabGoswami @navikakumar @republic @TimesNow

Akhil Sibal reads out the observations of the National Broadcasters Association on the style of reporting followed in the Newshour debates broadcasted by the defendants

#ArnabGoswami @navikakumar @republic @TimesNow

Sibal points out that NBSA did say that it's mindful of the fact that sometimes media goes overboard in its crusade to seek the truth, however, media should be wary of media trials and vigilante journalism

#ArnabGoswami @navikakumar @republic @TimesNow

'NBSA had said that 'seeking truth' can't be a license for media channels to violate the rights of an accused and destroy his life', Sibal point out.

#ArnabGoswami @navikakumar @republic @TimesNow

Akhil Sibal: Even in @ShashiTharoor case against Arnab Goswami, the court had directed the latter to practice restrain

'Self-regulation by media is not happening and something more stringent is required', he argues

#ArnabGoswami @navikakumar @republic @TimesNow

Sibal cites Delhi HC's order in @ShashiTharoor case against Arnab Goswami which says that media can't convict a person when the investigation or trial is pending

#ArnabGoswami @navikakumar @republic @TimesNow

Akhil Sibal has screen shared the entire order for public viewing

@Cisco

#ArnabGoswami @navikakumar @republic @TimesNow

Akhil Sibal: media channels are describing their speculative material as 'evidence', how can they do that without the scrutiny of the court?

#ArnabGoswami @navikakumar @republic @TimesNow

Akhil Sibal: Evidence is scrutinised by the court, not by the media channels. The same was noted by this court in @ShashiTharoor case against Arnab Goswami

#ArnabGoswami @navikakumar @republic @TimesNow

Akhil Sibal: Defendants have violated the Programme Code which is binding on them

#ArnabGoswami @navikakumar @republic @TimesNow

Akhil Sibal reads out the Programme Court

'there's a statutory requirement to comply with this Code. Defendants have flagrantly violated it', he argues

#ArnabGoswami @navikakumar @republic @TimesNow

Akhil Sibal: All these videos are being shown on Defendants' YouTube channels. These @YouTube videos must be taken down immediately

#ArnabGoswami @navikakumar @republic @TimesNow

Nayar summarises the grievances against defendants: There's defamation, breach to right to privacy, jeopardising personal safety, injurious falsehood, breach of the Programme Code, and parallel investigations

#ArnabGoswami @navikakumar @republic @TimesNow

Court: Why haven't the individuals who claim defamation have become plaintiffs in this matter

Nayar: Milord, they are part of the plaintiff association

#ArnabGoswami @navikakumar @republic @TimesNow

Court raises the issue of 'class defamation'

'If individuals are harmed, they should come separately', the court asks plaintiffs

#ArnabGoswami @navikakumar @republic @TimesNow

Nayar: The Association Plaintiff is representing all these individuals in this suit

#ArnabGoswami @navikakumar @republic @TimesNow

Court: Have you claimed damages here?

Nayar: No

Court: It shows that these individuals are hesitant in claiming damages also

#ArnabGoswami @navikakumar @republic @TimesNow

Court: It's a tortious act, you can get compensated during the trial. It seems like these individuals are willing to strike but unwilling to continue

Nayar: Milord, it takes courage to come this far. We're anyway seeking damages we can seek compensation also

#ArnabGoswami

Nayar: Some specific persons can be impleaded

Court: Yes, I mean someone should come forward

#ArnabGoswami @navikakumar @republic @TimesNow

Akhil Sibal: There's a malicious attack against Bollywood as a whole, that's why the Association has come together and come forward to protect the interests of its members as a whole

#ArnabGoswami @navikakumar @republic @TimesNow

Akhil Sibal: Times Now and Republic represent 70% of the English visual media. Their virulent attack increases the vulnerability of the plaintiffs

#ArnabGoswami @navikakumar @republic @TimesNow

Akhil Sibal: Idea is not to attack media as a whole, the idea is to ensure some course correction. It can't continue like this

'We're not against the 4th estate, we're afraid of fringe becoming the mainstream'

#ArnabGoswami @navikakumar @republic @TimesNow

Court: We aspect clear reportage and neutrality. But this kind of reportage is taking place all over the world

Court reminisces about the Doordarshan days, 'Those were the lovely days', court says

#ArnabGoswami @navikakumar @republic @TimesNow

Senior Adv Arvind Nigam argues that @Google @YouTube have not been served adequate notice and papers

'There's no reason for YouTube to be a party in this when Google is already a party', he argues

#ArnabGoswami @navikakumar @republic @TimesNow

Nigam: When the complaining person is not before the court, this becomes shadow-boxing against a general corporate entity

#ArnabGoswami @navikakumar @republic @TimesNow

Nigam: If defendants are directed to remove their videos, YouTube as an intermediary doesn't come into this picture

#ArnabGoswami @navikakumar @republic @TimesNow

Nigam: When Defendants are directed to remove videos, then remove them, I don't come into this picture. Only when they don't comply, that YouTube comes into the picture with geo-blocking

#ArnabGoswami @navikakumar @republic @TimesNow

Senior Adv Sajan Poovayya: I don't understand why @TwitterIndia is made a party to this suit. Twitter doesn't control the content posted on the website

#ArnabGoswami @navikakumar @republic @TimesNow

Senior Adv Sandeep Sethi appears for @TimesNow @navikakumar and @RShivshankar

'There are 38 plaintiffs before the court out of which 35 are companies', he points out

#ArnabGoswami @navikakumar @republic @TimesNow

Sethi: Imputations claimed by the plaintiffs as defamatory are not in any manner made against them. In no manner, the right to privacy of the plaintiffs are violated

#ArnabGoswami @navikakumar @republic @TimesNow

Sethi: It is not the case of the plaintiffs that any one of them is facing a trial or investigation

'None of the plaintiffs are aggrieved parties in the present matter', he argues

#ArnabGoswami @navikakumar @republic @TimesNow

Sethi: In matters of defamation and privacy, third parties have no locus to maintain an action. Only persons against whom imputations are made can file such a suit

#ArnabGoswami @navikakumar @republic @TimesNow

Sethi cites the case of ONGC case to substantiate his arguments on maintainability of this suit

Court: We get your preliminary objections

#ArnabGoswami @navikakumar @republic @TimesNow

Court to Defendants: What's your answer to complaints made against such reporting? There has to be some toning down, Programme Code needs to be complied with. What should be done when you don't practice self-regulation? What do we do about this?

#ArnabGoswami @navikakumar

Court to Defendants: Your undertakings before the court and authorities are not working, it's very demoralising. Of course, you can investigate, but you can't run a maligning campaign. There hasn't even been an FIR and channels start calling persons as accused

#ArnabGoswami

Court narrates a past incident when a person was lynched due to incorrect and malicious reporting by media

#ArnabGoswami @navikakumar @republic @TimesNow

Court to Defendants: Even trained and educated minds get affected by such consistently misreporting. You tell us how should we resolve this?

#ArnabGoswami @navikakumar @republic @TimesNow

Court: I'm generally asking as to what mechanism should be put in place to change the way reporting is taking place these days

#ArnabGoswami @navikakumar @republic @TimesNow

Court: There's also the issue of the visuals shown in broadcasting - flames burning, etc. I don't have an aesthetic for that, maybe I'm old school.

#ArnabGoswami @navikakumar @republic @TimesNow

Court: People are very scared about the 4th estate. Even when the issue of privacy of public figures gets diluted, you can't drag their personal lives in public domain. Like how Princess Diana succumbed to the media interference

#ArnabGoswami @navikakumar @republic @TimesNow

Sethi: The complaints filed against the defendants are currently pending before NBSA

#ArnabGoswami @navikakumar @republic @TimesNow

Court to Defendants: Our observations apply to all of you, you have to tell us what to do. If you don't follow the Programme Code, we will enforce it

#ArnabGoswami @navikakumar @republic @TimesNow

Court: Why are you citing the Bombay HC proceedings here? Do you want to say that this court has no jurisdiction to hear this matter?

#ArnabGoswami @navikakumar @republic @TimesNow

Court: media did outstanding work in the Benix case.

Malvika Trivedi: 2 deaths, that of SSR and his manager, in mysterious circumstances led to revelation of a lot of information in public domain due to relentless reportage of Republic TV

#ArnabGoswami @navikakumar @republic

Court: We're not saying that you can't cover such news, you just have to do responsible journalism

#ArnabGoswami @navikakumar @republic @TimesNow

Court: We're not saying that you can't cover such news, you just have to do responsible journalism

#ArnabGoswami @navikakumar @republic @TimesNow

@Tv19_News challenges the maintainability of this suit by arguing that only Rs 600 have been claimed as compensation

Court: Really? That's your best argument as the officer of the court?

#ArnabGoswami @navikakumar @republic @TimesNow

Court: Participants on TV debates get so excited that they use cuss words during live telecast!

#ArnabGoswami @navikakumar @republic @TimesNow

@KapilSibal appearing for @Facebook : We're abide by this court's orders but we really have no role to play as per Shreya Singhal judgment

#ArnabGoswami @navikakumar @republic @TimesNow

@KapilSibal : words are mightier than the sword. We need to access how the 4th estate is working; a balance needs to be struck

#ArnabGoswami @navikakumar @republic @TimesNow

Google India and Facebook India seeks deletion from the suit as necessary parties

#ArnabGoswami @navikakumar @republic @TimesNow

Court deletes Google India and Facebook India as necessaries parties from the suit

#ArnabGoswami @navikakumar @republic @TimesNow

Court asks Plaintiffs as they would be willing to array certain aggrieved individuals as parties to this suit?

Nayar: We will take instructions and come back

#ArnabGoswami @navikakumar @republic @TimesNow

Court issues notice to all the parties, directs them to file written statements within 2 weeks

#ArnabGoswami @navikakumar @republic @TimesNow

'Meanwhile, you should have no problem in following the Programme Code', court directs the Defendants

#ArnabGoswami @navikakumar @republic @TimesNow

Malvika Trivedi for Republic: It would be difficult for us to file a reply in 2 weeks as Arnab Goswami is in judicial custody

Court: I'm sure you'll have other people in the organisation to work on the reply

#ArnabGoswami @navikakumar @republic @TimesNow

Court records in the order assurances given by the Defendants to follow the Cable TV Act & Rules, and the Programme Code

#ArnabGoswami @navikakumar @republic @TimesNow

Court to Sandeep Sethi: I'm not directing for the @YouTube videos to be taken down as of now, but you please come back with some serious consideration on how to resolve this matter

#ArnabGoswami @navikakumar @republic @TimesNow

The court will next take up this matter on Dec 14

#ArnabGoswami @navikakumar @republic @TimesNow

hearing ends