In the case involving Bollywood star Shilpa Shetty and her husband Raj Kundra, the Bombay High Court declined to impose a ban on the journalists, holding there is a jurisdictional boundary about what can be defined as positive or negative reporting.
Shilpa Shetty submitted an interim request toward alleged defamatory stories posted against her and her relatives upon her husband’s detention on July 19. Shetty requested that the media refrain from broadcasting any “inaccurate, misleading, harmful, or defamatory” material.
The court stated that freedom of the press must be calibrated with a person’s privacy rights and that the restriction will have a “chilling impact on freedom of the press.”
“Because this is so near to media freedom, there is a legal limit on what constitutes positive or negative reporting. It can’t be that if you’re not going to write or say anything pleasant about me (Shetty), you shouldn’t say anything at all. “How is this possible?” wondered Justice Patel.
On the other hand, the Court ordered that three videos posted on three different Youtube channels be removed and never re-uploaded because they were “malicious” and made “not even the tiniest attempt to explore the reality of the situ