Case 17 of 30 in Law Easy's Media Law series. Bloomberg Television Production Services India v. Zee Entertainment Enterprises, Supreme Court of India, decided 2024.
FACTS
A trial court in Delhi ordered Bloomberg to take down an article about Zee without hearing Bloomberg, and the High Court declined to set that direction aside.
WHAT THE COURT HELD
In March 2024, in a judgment by Chief Justice D. Y. Chandrachud, the Supreme Court set the order aside. The usual interim injunction test of prima facie case, balance of convenience and irreparable harm must not be applied mechanically in media defamation cases. An injunction against publication, especially without hearing the other side, should be granted only if the content is malicious or palpably false and the defence is bound to fail at trial. The Court also recognised SLAPP suits.
EXAM POINT
A pre-trial injunction can act as a death sentence for the material, so courts must give reasons.
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