False news by a newspaper

Sanjeev Hota (Querist) 12 May 2014 This query is : Resolved
Can the media publish any news against a person accused in NI act and in hospital?

The news article published was false and totally baseless which can be proved. What action may be initiated against the Newspaper , Editor & Journalist under the law of the land?

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Devajyoti Barman (Expert) 12 May 2014
If the news is false and baseless then you can file suit for defamation against the newspaper editor.

Guest (Expert) 12 May 2014
First you have to send a Legal Notice confirming it is false.They would publish an apologise in News Paper it self failing which the affected person could file a suit for damages and defamation

R.K Nanda (Expert) 12 May 2014
all depends on contents of said false news.

V R SHROFF (Expert) 12 May 2014
I support views of Shri N.J.S.Rajkumar / narasimha

Act accordingly.

Sanjeev Hota (Querist) 12 May 2014
Dear Sirs

Thank you for your responses.

A person accused in NI Act ha been detained in custody for more than a year now! The complaint got him arrested in a FIR which has no truth. While in custody he has been sick and under treatment in a local hospital there.

In the mean while the complaint used his power and local media to handcuff him in hospital and publish news that he has hacked bank accounts, his wife is a doctor in US and his sister is supplying him money. All three of this is utter nonsense and baseless as none of them are true which can be proved in any court of law.

Now what legal action can be taken here?

R.K Nanda (Expert) 12 May 2014
u can take civil and criminal actions for defamation against said newspaper as gravity of false news is on very higher side.

Devajyoti Barman (Expert) 12 May 2014
suit for damages lies against both the complainant and the newspaper.

Sanjeev Hota (Querist) 12 May 2014
Please advice the process of filing a suit and defamation against both. Can it be filed in another state where the aggrieved is an native?

Sankaranarayanan (Expert) 12 May 2014
I do agree with experts. Send legal notice seek apologies from media and ask the damage cause for spoil the reputation with the society. If fail the file the case

ajay sethi (Expert) 12 May 2014
contact a local lawyer . advisable to file it in the state wherein the defamatory articles were published

Devajyoti Barman (Expert) 12 May 2014
It can be filed at your native place if the newspaper is circulated at that place also.

R.K Nanda (Expert) 12 May 2014
no more to add.

Sanjeev Hota (Querist) 12 May 2014
Sir what are the procedural guidelines to file the case?

ajay sethi (Expert) 12 May 2014
first issue legal notice as advised by experts . if no reply received to notice then file suit for damages .

Guest (Expert) 12 May 2014
Depends upon the language of the contents of news. That must be analysed well before taking any step.

Rajendra K Goyal (Expert) 12 May 2014
All depends upon the contents of news, consult a local lawyer and send legal notice.

T. Kalaiselvan, Advocate (Expert) 14 May 2014
If the news item found in the said newspaper is false and appears to spoil your name, fame and reputation in the society, you may very well issue a legal notice to the editor of the news paper and may also implead the reporter who reported the matter in the new media and also the person who was interviewed upon on this issue. after you get a reply, you may process further legal course of action as envisaged in the law.

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