While telecasting a news report on the provident fund scandal in Ghaziabad, theTimes Now news channel correctly pronounced the name of Justice P.K. Samanta (from the Calcutta High Court, since retired), but the photograph flashed on the screen —for all of 15 seconds or so—was of retired Supreme Court judge, Justice P.B. Sawant. On the mistake being pointed out to the channel, an apology was carried on the scroll normally reserved for breaking news.
But Justice Sawant took the matter to a Pune court for loss of reputation, which awarded Rs100 crore as damages. Times Now appealed against the order and Bombay High Court asked it to deposit Rs. 20 crore in cash and furnish a bank guarantee of Rs.80 crore before its appeal could be heard. On appeal, the Supreme Court refused to interfere with the Bombay High Court order.
What was clearly a genuine error by a Times Now staffer now seems to be assuming the dimensions of a national crisis with far-reaching effects for all forms of media across the nation. Editors' Guild to the Press Council's new chief have already expressed anxiety at the possible ramifications of the case. Times Now's Editor in Chief, Arnab Goswami has separately issued a statement of apology:
"We are extremely apologetic to Justice Sawant for the mistake and any personal damage done to his reputation because of the inadvertent error of running his picture instead of another judge".
"The picture ran for only about 15 seconds and was a genuine oversight in the course of a broadcast. We deeply regret the mistake and assure Justice Sawant that it was not part of any intentional malice in reporting,"
Writing in the Hindustan Times, Times Group's main competitor in Delhi, leader of opposition in the Rajya Sabha, BJP's Arun Jaitely, weighs in:
As someone having familiarity with the quantum of damages Indian courts award, this order appears to be somewhat unusual. Observers are still unable to come to terms with the quantum of damages awarded even in cases of death or disability caused by Union Carbide in the Bhopal gas tragedy. The quantum awarded in various death cases, be it an accident or otherwise, in India, is normally modest. The quantum awarded recently in the Uphaar fire tragedy is a case in point. If a former judge is entitled to R100 crore for his photograph being flashed erroneously on account of being mistaken with another phonetically similar name, will this precedent be applied by Indian courts to other ordinary mortals who complain of loss of reputation on account of far more serious allegations? I am not aware of a single case where even 1% of this amount has been awarded to an ordinary citizen or a public person for loss of reputation. There is no better way of shutting down Indian media than by awarding punitive damages against journalists, newspapers or TV channels that are completely disproportionate to the value of money in Indian society.
Each media organisation is expected to exercise due care and caution. Errors, however, will take place on account of the very nature of the news circulation business. If channels or newspapers are to suffer such an order, on the assumption that R100 crore are to be the normal damages awarded to a citizen, we may in the next 10 years become a nation without media organisations.
Citizens deserve a free and fair media. We can't have a free and fair media by having the Press Council act as Big Brother, or with the government threatening to de-license news channels, or with the judiciary imposing unreasonable punitive damages on them. We need an independent and a vigilant media as much as we need an independent judiciary
Also read: Vinod Mehta's Delhi Diary on the same subject
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It is the court that is insulting itself in this burlesque. Times Now should refuse to pay any money the Bombay HC has asked.
The issue also speaks very poorly of Justice Sawant who has no grace. Looks like an extremely cheap guy.
It is the medias fault that they have eulogised the Indian judiciary and exempted it from even common humane errors in the mind of the Indian public.
They have a duty to inform the public that the judiciary is inefficient, corrupt and unaacuntable and the Indian public have to first wake up to this unfortunate fact.
Even thought the damages are little on the higer side, I tend to side on the courts side here. Media in india behaves as if its supreme and tarnishes people's reputation by publishing rumors/heresay and many times blantantly untrue stories and they have no remorse for that.
I hope after this judgement is held, common man can point to this case as a precedent and get similar damages from the media outlets, when they tarnish his image.
The media in India is viewed unsympathetically by most because of its continuous senstationalizing and trivializing of all issues. There is no serious newspaper left in India, and certainly no responsible news channel.
But irresponsible or not, the media has an unambiguous right to exist and to operate unfettered by the judiciary. Punitive damages of this sort for what was presumably an honest mistake makes a mockery of free speech and democracy. Our judges are learning from our politicians. The latter employ goons to ensure that no potentially "offensive" topics (Islam, Hinduism, Shivaji, the Ramayana) may be freely discussed; the former have taken to creating new law out of whole cloth for this purpose.
Times Now is fighting its case through the media by getting articles of this sort in various news papers and magazines. They should have checked the pictures before publishing it. Decades of reputation is damaged in a few seconds. Especially, when the photo belongs to that of a Judge. 100 Crores is a big high, but that would prevent the entire media from committing such "Technical Errors" in future.
The case was that of a error,an unconditional apology was given by Times Now.
Arun Jaitley's article in HT called "Control Freakery" is extremely important and timely and should be read by all Indians. The Indian judiciary is full of the most pompous, ignorant, privileged group of people without any accountability. If the media starts investigating the judiciary in the same way that it investigates politicians, imagine the number of skeletons that would tumble out of the closet. There are very credible allegations of corruption against two past Chief Justices of the Supreme Court - not to speak of the lower judiciary where buying and selling of judgements for cash/favours are routine affairs.
Even though TIMESNOW made an inadvertent minor mistake and apologized immediately, the massive ego of The Great Honourable Justice Sawant has been stirred and he won't rest until the head of the newscaster is brought to him on a platter - then he might magnanimously spare the newscaster's family once they fall at His Majesty's feet and beg for forgiveness! Someone should really give it to these people. The media and the judiciary makes the politicians accountable, but the judiciary has nearly unlimited powers and these are exercised without any sense of restraint. Recently in the Madras High Court, a High Court judge asked the police to file a criminal case against a female journalist and threatened to throw her in jail - her sin was.....that she was chewing a gum in the court room when The Great Honourable Judge was reading his sentence! (Only in India!).
The problem is with the low quality of people in the judiciary. How many educated people have you met among your friends who said " I want to become a District Judge in my professional life" - I haven't met any. The good lawyers almost never want to be become High Court and Supreme Court judges.
Unless the plaintiff has clearly shown that Times Now had malicious intent in showing the wrong picture, or that his income or reputation have suffered tangibly as a result of the mistake, the shenanigans of both the trial court and the apex court are extremely egregious.
@Mitra,
Do you also post @Nytimes?
And may I add that was a fabulous post?
One should read in-between the lines, Justice Sawant has been over active against Jan Lokpal bill and indirectly supports the present disposition at Centre on someof the key issues. Times now for all right reasons is taking on the UPA by the way of exposing scams after scams.............I suppose this is the new way of scuttling the voice
The flatulence of Indian judiciary is mind-boggling. The lives of people who were killed in Uphar cinema hall and Bhopal tragedy due to criminal negligence of some fat cats are not worth even a fraction of the reputation of a retired judge, that too caused by an apparently inadvertent error and the offenders have already apoligised several times. The ridiculous decision of a lower court and not corrected by the higher courts are a warning to all stake-holders in India democracy that the time has come to tame the judiciary. One of its retired pantheons is going hammer and tongs at the media for its lack of regulation. He would do well to turn the spotlight inwards.
In India we love to put media on a pedestal very often forgetting that mainstream media are also commercial enterprises. Today's media philosophy is no longer dissemination of un-varnished information , knowldge or awareness , its all about bottom-line. So they, in the mainstream, now will go to the extent of of of serving paid news. Serving sponsored news now is par for the course. It alwyas has been so & more so now that media's primary accoutability is to it's advertisers, those who pay & therefore to the corporates. Fact is media itself are the corporations. Independent media do not exhist , its a dillusion media will like to spread.
Government need not control or regulate media . It need not . As by & large media serve interest of the government well. It is possible that media withdraws it allagience to a government controlled by a particular formation & shift it to another who it thinks are the winners going forward.
One of the functions of today's media is to manupulate & manufacture opnion , tastes , markets, of course for a price.
A high profile powerful person have been defamed. He had the wherewithal & inclination to extract retribution. But how many cases of degrading of individuals , a goup or a political formation goes unnoticed or unpunished ? Many of these acts of defamation are not straight forward cases. They often take various forms of discussion , op-eds, analysis , untruths , half-truths & dissembling driven by profit motives.
The instant case also cannot be dismissed as just innocent inavdvertance. This kind of cases has a history & background. The unresonable craze for serving instant news , to remain on top of the TRP level to enhance advertising by volume & price , pressure of looking over the shoulder to the competetion etc. creates a climate for these indiscretions.
Media 24x7 swires by the courts . Courts here has decided. So corporate media instead of turning cry-baby or using itself to undo court verdicts must play the rules of the game. In short pay up as there is no case for media to be made an exception.
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If a judge a citizen of the country can ask for Rs 100 Crore for his loss of reputation and morality.Then many citizen of the country who could not get justice from administration and from judiciary of this country, what is their compensation amount should be for mental and physical harrasing ? We know every citizen(Judge,jornalist,politician, buracrats,Businessman,common people..etc) have same liberty and rights before constitution?
The recent case of Justice Katju wrt Indian media is very interesting . Justice Katju is Chairman of the Press Council & should know.
In scholarly analysis of Indian media he said in a speech:
"The media often diverts the attention of the people from the real issues to non issues. The real issues in India are socio-economic, the terrible poverty in which 80% of our people are living, the massive unemployment, the price rise, lack of medical care, education, and backward social practices like honour killing and caste oppression and religious fundamentalism etc. Instead of devoting most of its coverage to these issues the media focuses on non issues like film stars and their lives, fashion parades, pop music, disco dancing, astrology, cricket, reality shows, etc."( read more in www.thehindu.com/news/article2600319.ece)
That was his frank opinion about the media. In an well synchronised & orchrested across the board assault on Justice Katju, self-serving media took the Judge to the cleaners. I suppose he has now been sufficiently softened up & gave his unsolicited opinion that punishment has been too harsh.
If the sauce is for the goose that should as well be for the gander !
@Narendra
Yes, I also post at Indiaink in NYT. I am glad you liked the post!
The self righteousness of the courts is only outdone by the self righteousness of our media.
Manish,
>> corporate media instead of turning cry-baby or using itself to undo court verdicts must play the rules of the game. In short pay up as there is no case for media to be made an exception.
The trial court broke the rules by assessing damages at 100 crore rupees for what appears to be an innocent human error. The Bombay High Court broke the rules by asking Times Now to deposit Rs. 20 crore in cash and furnish a bank guarantee of Rs.80 crore before its appeal could be heard. The Supreme Court broke the rules by refusing to interfere with the Bombay High Court order which was clearly a case of judicial excess. The press is quite right in protesting such arbitrary and ridiculous judgements.
>> Media in india behaves as if its supreme and tarnishes people's reputation by publishing rumors/heresay and many times blantantly untrue stories and they have no remorse for that.
True. But this judgement is ridiculous.
Far worse insinuations are made against individuals. Forget an apology, media continues to brazen it out (witness articles against Shourie in this magazine itself). Cases, if filed, drag on for years, and damages, if awarded are puny by comparison. In such cases, awarding prompt and higher damages would be justified.
Here, the error was promptly rectified, and an apology issued. That by itself should have been adequate, and more than what most people get. This judgement is all wrong.
Another instance of weird judicial actions
www.thehindu.com/news/national/article2636743.ece
So a girl (probably a little one), holds the flag upside down, and NBW are issued against CM and Sushma?
Some judges should be seriously punished for such absurd judgements.
What rules the trial court , the high court or the Supreme court broke? And I have explained these are not as innocent mistakes as it looks on first glance.
The courts provide grist to the media mills these days. The audio-visual media specially . Now when these same courts takes the media on they go over the head of the Supreme Court to the Prime Minister with their complain. Is it O.K constitutionally? Do they expect the PM to overrule the SC?
I will revert to Justce to Katju. The media makes it a rule to chastise politicians over protests ,. walk-outs in parliament sessions. TOI with a measure of de ja vue reported today that a section of media representatives walked out of a meeting of the Press Council when Justice Katju, to his credit, refused to withdraw his remarks. Is justice Katju entitled to his opinions & express it? What kind of behabiour is that ? Is media the final arbritrar of every body's opinion?
As I said media should understand what is sauce for the gander is sauce a goose.
Media can be hanged for many crimes but not for this kind of error..Come on did Justice Sawant not made a single silly mistake in his career?
Media has no problem with judiciary when they concur with their agenda like hounding politicians. Now when judiciary is coming for them they cry foul.
There is no doubt that court's action is blatantly illegal. But it is good to see the two guardians of the country, media and the court, are fighting each other.
Manish,
>> What rules the trial court , the high court or the Supreme court broke?
Which rule permits damages of 100 crore rupees for an error such as the one Times Now committed? Which rule permits higher courts to set such an exorbitant price on the right of Times Now to appeal?
>> these are not as innocent mistakes
Has malice aforethought been proven against Times Now? Has Justice Sawant actually suffered loss of reputation or financial loss that would justify such a huge compensation?
>> The courts provide grist to the media mills these days.
Should courts hit back with the kinds of judgements given against the Times Now?
>> Is justice Katju entitled to his opinions & express it?
He is, but that has nothing to do with the Times Now case.
>> what is sauce for the gander is sauce a goose.
The courts do not have that leeway. They have to go by the law.
@Anwaar
Don't try to argue with Manish, he has his ideology - that is quite enough for him, he doesn't really need to think! If you try to tutor him about some fundamental principle of democracy called freedom of speech/press, he will come back at you with some hackneyed phrase about the "corporate media" and you would not have the energy to argue with him. For the rest of us, if you don't like existing newspapers or channels, try starting one on your own, or post your views on your blog - don't question fundamental democratic values like freedom of speech. This judgement is simply an assault on press freedoms and should be fought tooth and nail.
"Don't try to argue with Manish, he has his ideology - that is quite enough for him, he doesn't really need to think!" - Mitra
Exactly. Manish has pre-defined baskets and opnion associated with each basket, so its pretty simple for him ,all he needs to do is to find out the proper busket and his opinion will pop up spontaneously. He found a pretty simple model to substitute thinking and am sure he is very happy with himself.
Mitra,
I agree. The courts cannot use their immense power to settle scores that are extraneous to the case.
In case of defamation the court's descretion is unlimited. At least that is what I understand , but then I have never seen inside of a court of law.
Though I have not commented on the quantum of fine, I will now. It indeed is excessive. Exemplenary punishment might have worked in the court's mind. The proper forum for redressal is the courts themselves not the Prime Minister.
I don't know. 'Malice afterthought' seems to be legal phrase. I was talking about the unhealthy oneupmanship of media , specially news channels which leads to shody research & homework.
Honestly , Anwaar, did I give that impression?
If he has & the media representatives believes so, why some of them walked out from the meeting instead of putting across their own view ?
Courts have discretions. Whether this discretion in the instant case is tempered by proportion is, of course, arguable. But repeat that court is the only forum where to appeal.
When the channel expressed Apology the matter should have been ended, That 15 Seconds news clipping might not have been viewed by many. How many view the English News Channels? Hoe many viewed on that day? How many have interest in the Current Political and Economic Matters?Justice PB Sawant seems to become multi karorepathi overnight. Now the matter received too much attention. It will be better for Sawant to withdraw the case.and make an out of court settlement with the Times now channel..
You are an university professor of economics whereas I am a lowly hands on nuts & bolts man. I dare not make issues with you.You are entitled to consider me an unthinking moron. I visit this spot & occassionally write about what I think right , what I think wrong , what I think desirable , what I think undesirable. May be sometimes banal humor. I never imagined I have ideology whatever that means.
Since media organisations are mostly body corporates & mostly set up to earn profit, I do not understand why 'corporate media' - hackneyed or not - raises hackles. May be some people too have 'ideologies'.
This is just hitting below the belt not expected in the course of an exchange of views.
I thought courts are also upholders of democratic values , integral to democracy. Equally important as the media.
You mean Manish is a baskat case?
I mean\Manish is Synchronized Hashmap case.
Manish,
>> The proper forum for redressal is the courts themselves not the Prime Minister.
I agree, but when you are put in a dire strait, you send your SOS to all and sundry.
The High Court's judgement against Times Now is manifestly unfair, ridiculous and vengeful. It was an honest mistake which the channel has openly admitted and sought apology for five days . The Complainants and the Honourable Justice Sawant should have gracefully ended the issue then and there. Period. Why this witch hunting ?
It is surprising that even the Honourable Supreme Court did not see it fit it to intervene in this matter and restore balance of justice. Common sense tells any unbiased layman that this is not fair...Not fair at all !
When you talk of Media in general , dont forget there are Newspapers and channels ( Times Now ? Times of India publication ? ) who are famous for PAID NEWS and That is THE WORST form of corruption.
When you talk of Media in general , dont forget there are Newspapers and channels ( Times Now ? Times of India publication ? ) who are famous for PAID NEWS & That is THE WORST form of corruption.
<p>When you talk of Media in general , dont forget there are Newspapers and channels ( Times Now ? Times of India publication ? ) who are famous for PAID NEWS & That is THE WORST form of corruption.</p>
<p><p>When you talk of Media in general , dont forget there are Newspapers and channels ( Times Now ? Times of India publication ? ) who are famous for PAID NEWS &amp; That is THE WORST form of corruption.</p></p>
Outlook India Blog : 'No Better Way Of Shutting Down Indian Media'
Nov 21,2011
JUSTICE P B SAWANT KO GUSSA KYON AATAA HAI? This is the million dollar Question doing the rounds in the corridors of power.The anger is unwarranted as the TIMES NOW TV has tendered an unconditional apology for the technical-cum-human error.And, the error is not so grave as to justify a suit of defammation demanding 100 crores of rupees.Funny,cynical,holier than thou,arrogant, false sense of pride? The Supreme court must intervene suo moto and quash the suit of defammation.The Congress is the happiest party,deriving maximum political mileage out of this faux pas.
Arun Jaithley is so right in giving a retort to the Ex-Justice Markandey Katju. The retired judge seems to be in a desperate hurry to prove his credentials and implement the agenda of the ruling UPA-II. This was proof enough to show his gratitude to the power that be for his appointment as the Chairperson, Press Council of India. A perfect Quid pro quo deal, it is.
Katju's outbursts against the free press is misplaced. The Min of I&B had also launched a broadside against certain mainstream newspapers and TV Channels that had exposed the serial scams committed in quick succession by the Congress-led UPA-II and its co-sinners ( Read as coalition partners).What accountability, is Katju Sahab talking about? The accountability of Press is anti-thetical to the concept of Freedom of Speech flowing from the Right to Life, enshrined in the Constitution of India.His comparison of lawyers, Judges and bureaucrats with the Press ,is specious and misleading. His remarks smack of "vengeance" against the Press. Does he represent the GOI or UPA-II?The menace of "Paid Journalism"is certainly a stigma on the Fourth estate.But, the Constitution has provided a remedy to deal with it.Let the people go to the Court and file defammation suits against the Media. Making the Press subservient to the Executive is liable to be misused and manipulated by the GOI.This is worse than "Paid Journalism". Ambika Soni's arm-twisting of senior editors by stopping all government advertisements,unless they fall in line,is a common knowledge.This has no place in a free country like India.Those who are scared of Freedom of Press, have a lot to hide
.A K SAXENA (A retired civil servant)
Outlook India Blog : 'No Better Way Of Shutting Down Indian Media'
Nov 21,2011
JUSTICE P B SAWANT KO GUSSA KYON AATAA HAI? This is the million dollar Question doing the rounds in the corridors of power.The anger is unwarranted as the TIMES NOW TV has tendered an unconditional apology for the technical-cum-human error.And, the error is not so grave as to justify a suit of defammation demanding 100 crores of rupees.Funny,cynical,holier than thou,arrogant, false sense of pride? The Supreme court must intervene suo moto and quash the suit of defammation.The Congress is the happiest party,deriving maximum political mileage out of this faux pas.
Arun Jaithley is so right in giving a retort to the Ex-Justice Markandey Katju. The retired judge seems to be in a desperate hurry to prove his credentials and implement the agenda of the ruling UPA-II. This was proof enough to show his gratitude to the power that be for his appointment as the Chairperson, Press Council of India. A perfect Quid pro quo deal, it is.
Katju's outbursts against the free press is misplaced. The Min of I&B had also launched a broadside against certain mainstream newspapers and TV Channels that had exposed the serial scams committed in quick succession by the Congress-led UPA-II and its co-sinners ( Read as coalition partners).What accountability, is Katju Sahab talking about? The accountability of Press is anti-thetical to the concept of Freedom of Speech flowing from the Right to Life, enshrined in the Constitution of India.His comparison of lawyers, Judges and bureaucrats with the Press ,is specious and misleading. His remarks smack of "vengeance" against the Press. Does he represent the GOI or UPA-II?The menace of "Paid Journalism"is certainly a stigma on the Fourth estate.But, the Constitution has provided a remedy to deal with it.Let the people go to the Court and file defammation suits against the Media. Making the Press subservient to the Executive is liable to be misused and manipulated by the GOI.This is worse than "Paid Journalism". Ambika Soni's arm-twisting of senior editors by stopping all government advertisements,unless they fall in line,is a common knowledge.This has no place in a free country like India.Those who are scared of Freedom of Press, have a lot to hide
.A K SAXENA (A retired civil servant)
Outlook India : BLOGS / Buzz 'No Better Way Of Shutting Down Indian Media'
Shameful indeed.Whom is the retired Justice P B Savant trying to please? He got several post-retirement assignments and presided over Commissions.His erudition was duly acknowledged.What put me off ,was his unusual conduct by filing a Rs 100 crore damages suit against TIMES NOW.What prompted him to take recourse to such an outrageous act,is beyond the comprehension of any right thinking indian. (Retd) Justice Savant must live like an ordinary citizen of India and focus his attention on the issues of Aam aadmi. Filing defammation suit is meaningless.It merely hits the dignity of common man.
A K SAXENA ( A retired civil servant)