Media Body Criticises Defamation Conviction of Journalist
New Delhi/Ahmedabad: The Delhi Union of Journalists (DUJ) today said it was “shocked” by a Gujarat court’s judgement sentencing investigative journalist Ravi Nair to one year’s imprisonment in a criminal defamation case arising from his social media posts and published writings relating to the Adani group.
In its statement, the journalists’ body said the Mansa court had held Nair guilty of criminal defamation under Section 499 of the Indian Penal Code (IPC), 1860. The judgment was delivered by Judicial Magistrate Damini Dixit, who rejected the defence contention that the tweets and articles were made in good faith, were factually correct and were intended for the public good.
Quoting from the court’s observations, the DUJ said the magistrate found that the posts amounted to imputations against the Adani group alleging “unethical conduct, manipulation of laws, misuse of governmental machinery, environmental violations and financial impropriety”. The court held that such statements did not fall within the protection of responsible criticism and observed that “the law draws a clear line between responsible critique and reckless imputation”.
The DUJ noted that more than a dozen tweets posted by Nair during 2020 and 2021 formed the basis of the prosecution. These tweets, the union said, were comments backed by links to articles published in reputed media organisations. They referred to publicly reported circumstances surrounding several Adani investments and acquisitions, including matters relating to the Mumbai airport takeover, the group’s expansion across various ports, and its position in the compressed natural gas (CNG) market.
However, according to the judgment, the magistrate did not accept the argument that the tweets were protected by the exceptions under criminal defamation law relating to truth, good faith and public interest. The court concluded that the statements crossed the boundary between permissible critique and unlawful imputation.
In its response, the DUJ said Nair would be filing an appeal against the sentence and added that the broader observations made in the judgment have grave implications for the implementation of the defamation law. The organisation expressed concern that the ruling could influence how criminal defamation provisions are interpreted and applied in cases involving journalists and commentators writing on corporate conduct and governance issues.
Reiterating its long-held position, the Delhi Union of Journalists renewed its demand that defamation should be decriminalised. It pointed out that Nair has been sentenced under Section 499 of the Indian Penal Code of 1860, describing it as a colonial-era law that continues to criminalise speech. The union also said that similar provisions have been retained in the Bharatiya Nyaya Sanhita, 2023, which replaces the IPC.
“These and similar sections that continue to criminalise defamation must be struck down and repealed,” the DUJ said, adding that civil defamation laws are adequate to address reputational harm. The organisation stated that imprisonment for defamation has a chilling effect on journalism and discourages scrutiny of powerful institutions. “We strongly believe that no journalist should ever go to jail for speaking up,” the statement said.
The press release was issued under the signatures of DUJ President Sujata Madhok, Vice-President S.K. Pande and General Secretary Jigeesh A.M., who said the union stood in solidarity with Ravi Nair and would continue to campaign for legal reforms to protect freedom of expression and the public’s right to know.
The case has drawn attention from media bodies and free-speech advocates amid growing concern over the use of criminal defamation provisions against journalists and writers. With the matter now expected to move to an appellate court, it is likely to contribute to renewed debate on whether criminal defamation has a place in a constitutional democracy committed to free expression and accountability.
– global bihari bureau
