Vous êtes sur la page 1sur 3

5th AMITY MOOT COURT COMPETITION

1. The Times Tube is a popular and leading 24 hours News Channel by which we can presume its credibility and viewership. 2. On 10th September 2008 at 06:30 P.M (a very prominent time where people get back from office, sip coffee/tea and watch news). This hour is known to air the most shocking and the most breaking news. For thats the time when most people get free with their hectic tiring schedule of the days. The Times Tube aired a multi- crore Provident Fund scam. The channel defamed the former Judge of the Honourable Supreme Court and a former Chairman Press Board of India Justice P.B. Amrit by displaying his picture as person involved in the sacm. The 2nd paragraph of the case matrix clearly says that Justice P.B. Amrit was a former Chairman Press Board of India. With the help of this we can very easily construe that the Media had malice to defame him as it is quite evident that they know him well to be well versed with his name and with his Pictures too. The defense of phonetically similar sounding names and various others cannot be granted for the reason that TTBC and its employs would very clearly remember at least few preceding chairmen of Press Board. Thus, I would term the defamation to be absolutely malicious intention on the part of TTBC to defame the Honorable former Justice of Supreme Court. Airing for 15 seconds is more than enough to raise enough speculation about the credibility of the most respected person in the country. Defaming the former Justice of the SC is not just defaming a person but also among the many is killing the hope of the 125 crore population of the country. For they are the Guardians of law, they protect the rights of the citizens of the country. It is quite evident that in the estimation of the right thinking people of the country he must be involved into corruptions more when he was judge himself making thereby the whole of the citizens to believe that even the MOST PRESTIGIOUS and HONORABLE SC is corrupt. Good angle. Go for it like the way u used the time frame sippin tea et cetera. __________________

The essentials of Defamations are: a. The statement must be defamatory b. The said statement must refer to the Plaintiff; c. The statement must be published When these essentials are fulfilled defamation is likely to take place thereby. Its very clearly mentioned in the 4th paragraph of the case matrix that Justice Amrit whose name was familiar in Media Circle for heading Press Board proceeded against the TTBC for civil and criminal liability for his online defamation. Being former Judge of the SC and having headed the press Board of India, a defamatory content from the very own media on a person who was a former chairman is enough to shackle the reputation of Justice Amrit as the defamed contents are aired by none other than those whom he headed a while back. Thus a wrong imputation by an employee on a former Chairman of the very own media world is enough for the right thinking members of the society to believe him to be corrupt. In Sim v. Stretch, (1936) 52 T.L.R. 669, 671 was held that Defamatory statement is one which tends to injure the reputation of the plaintiff. Defamation is a publication of a statement which tends to lower a person in the estimation of right thinking mebers of society generally,1or which tends to make them shun or avoid that person.2 for Example: an allegation made by an employee on his ex boss to the world at large is to be taken more seriously as he knew him better than the rest. 3. After realizing the mistake the news- channel made amends and did not show the picture in the subsequent bulletins. For the first 15 seconds picture was shown and then when amended the picture was removed. The removal of picture does not give a good reasoning that the justice whose picture was shown could not have been involved as any reasonable thinking person with ordinary prudence would just believe that the photo is just removed as they cant just keep showing it all the time. People have been made aware look at your scam master ex Judge of the SC people were acquainted with his face and now its off the air. This happens all the time. Regarding scroll news: I wonder if people read scroll bar news then whats the point of
1 2

Sim v. Stretch, (1936) 52 T.L.R. 669, 671


Winfield, Tort, 12 ed., 293.
th

watching a TV than to read a newspaper the next day morning. The real objective to watch a news channel is to hear and see the news and not to read scroll bar news. EX: I thank God that the protest of Anna Hazare against corruption was not held in 2008 or 2009, had it been then the whole nation against corruption would have had the placard with a picture of Justice Amrit and his possibly effigy would be burnt in all the streets that the country has. 4. Any wrong information about a responsible person is aired by the very own TV channel (whose chairman justice Amrit had been) to the entire nation and beyond, it is believed by the public and injures that persons reputation. Mere apology which was only for name sake but not for meaning it cannot be treated as an apology and termed as restoration of the lost reputation.