Defamation as Intimidation

A disturbing trend is unfolding in India’s media landscape: those facing criminal allegations — the corrupt, the fraudsters, the land grabbers, the shady power brokers — have discovered a new weapon to muzzle the truth. Not guns, not goons — but defamation notices. These legal threats, dressed up as concern for “reputation,” are now the preferred tool to terrorise journalists who dare to report facts. And the targets are not just small-town reporters; even credible media houses — including your own e-paper — have been forced to fend off ridiculous legal bullying by individuals who should be answering questions in police stations, not threatening journalists from plush law offices. Thankfully, the Delhi High Court has recently sent an important message that should echo across India: factual journalism is not defamation. By quashing the summons issued against Republic Media Network founder Arnab Goswami, the Court affirmed a basic but increasingly endangered principle — if a report is based on verifiable facts already on record, you cannot drag a journalist into court simply because the truth hurts. The complainant in that case, like many others hiding behind legal threats, clearly hoped the burden of litigation would itself serve as punishment. That arrogant, entitled mindset must now be challenged. Let’s call this for what it is: a deliberate, organised assault on press freedom. Rogue elements who should be busy fighting cases against themselves instead fight the media for exposing those very cases. Their argument is laughable: “Don’t report the FIRs against us — because it damages our image.” Well, who damaged that image? The media? Or the criminal actions they are accused of? If someone truly believes they are innocent, the quickest way to restore honour is to cooperate with the law — not harass the messenger.

This legal intimidation campaign is not limited to the national level. Across the country, fearless reporters who expose local mafias — land sharks, sand smugglers, liquor cartels — are drowned in frivolous litigations. Many are forced to spend years defending themselves, travelling from one court to another, burning their salaries on legal fees just to prove they did nothing wrong. Some lose jobs. A few lose lives. Yet, their stories rarely make front-page headlines. These are the invisible martyrs of Indian journalism. And, let us also acknowledge a bitter truth: Part of the system enables this misuse. Courts must be far more cautious in entertaining defamation complaints that are clearly filed with malicious intent. Our Legislature, which speaks endlessly about democratic values, has shockingly failed to deliver legal safeguards against what the world calls SLAPP suits — Strategic Lawsuits Against Public Participation. The US has protections. The UK has reforms underway. But India — the world’s largest democracy — still leaves its journalists defenseless. To be clear, this is not a plea for immunity. Journalism is not a licence to blackmail. Those who knowingly peddle lies must face strict consequences. India does not need more fake news warriors hiding behind press cards. But the credibility of journalism cannot be judged by the crimes of a few. We must draw a clear line: reporting based on official records, verified documents, ongoing investigations — that is public service, not defamation. This is the moment for the political leadership to step in. If Parliament truly values the Fourth Estate, it must enact strong legal protection for reporters, editors, and media organisations performing their constitutional duty. India cannot allow its journalism to be throttled by those who fear accountability. Because if truth-tellers are silenced, the wrongdoers will rule unquestioned. If defamation notices become gags, democracy becomes a stage show. And if journalists start looking over their shoulders before writing the truth, the corrupt will sleep peacefully while citizens remain blind. India must make a decisive choice: Stand with those exposing the guilty, not those escaping the law. The era of bullying the media with bogus legal threats must end — now.