Case 15 of 30 in Law Easy's Media Law series. Crop Care Federation of India v. Rajasthan Patrika, Delhi High Court, decided 2009.
FACTS
A federation of pesticide manufacturers with 84 members sued the Hindi newspaper Rajasthan Patrika over articles published in February 2004 on the harmful effects of pesticides. The articles named neither the federation nor any member, and the suit was filed in Delhi although the articles were published in Rajasthan.
WHAT THE COURT HELD
In 2009 Justice S. Ravindra Bhat of the Delhi High Court rejected the suit under Order 7 Rule 11 of the Code of Civil Procedure for want of a cause of action. The articles referred to pesticide makers as a class, and a trade body cannot sue over general criticism of an entire industry. The court said the suit bore the marks of a SLAPP suit, meant to silence critics by burdening them with the cost of defence.
EXAM POINT
To establish defamation, the statement must normally refer to the plaintiff or to a definite, identifiable group.
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