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Defamation: A newspaper is in no different position from an individual

In The Publisher and Editor of Divya Himachal and anr. Versus Parkash Chand and ors., the HIMACHAL PRADESH HIGH COURT has held that a newspaper is in no different position from an individual and it cannot give currency to a defamatory statement and escape upon the ground itself that, it showed that it did not believe that which it had published. That may have some bearing on the question of damages but not upon the question of liability. The responsibility in either case is the same. The degree of care and attention is in no way less in the case of newspaper publications other than that required from ordinary men.

In India, since we have a written constitution, it is recognized that freedom of speech is not an absolute unlimited right. Article 19(2) provides reasonable restrictions on what is guaranteed by article 19(1)(a). Therefore, the mass media must maintain high professional standards and are obliged to verify the correctness of the news disseminated. Publication of false news cannot be regarded as a public service, but a disservice to the public. Publication of very bit of news does not necessarily serve the public interest.

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