The Supreme Court (SC) has urged trial courts to exercise caution when granting pre-trial injunctions in defamation cases against media articles. The SC specifically referred to "SLAPP", an acronym for Strategic Litigation against Public Participation. The topic was raised in a recent case involving Bloomberg and Zee Enterprises Ltd., wherein the SC set aside an interim injunction granted by the trial court.
The Supreme Court criticized the trial judge for failing to adequately consider the strength of the plaintiff's case and not dealing with the balance of convenience, and the irreparable harm caused before granting the interim injunction. It emphasized that appellate courts have a duty to intervene if such injunctions are granted arbitrarily. While the grant of interim injunctions involves discretionary power, appellate courts should step in if the discretion is exercised arbitrarily or contrary to established legal principles.
The Court blamed the High Court for not intervening in the trial court's decision. This underscores the importance of ensuring that interim injunctions are granted based on thorough consideration of all relevant factors and in adherence to established legal principles, especially in cases involving freedom of expression and media publication. With regards to SLAPPs, the SC specifically stated:
"Increasingly, across various jurisdictions, the concept of 'SLAPP Suits' has been recognized either by statute or by courts. The term 'SLAPP' stands for 'Strategic Litigation against Public Participation' and is an umbrella term used to refer to litigation predominantly initiated by entities that wield immense economic power against members of the media or civil society, to prevent the public from knowing about or participating in important affairs in the public interest. We must be cognizant of the realities of prolonged trials. The grant of an interim injunction, before the trial commences, often acts as a 'death sentence' to the material sought to be published, well before the allegations have been proven. While granting ad-interim injunctions in defamation suits, the potential of using prolonged litigation to prevent free speech and public participation must also be kept in mind by courts."
Originally published 08 May 2024
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