The Supreme Court cautioned against the use of litigation for stifling public participation through SLAPP,i.e.Strategic Litigation against Public Participation suits.
In Civil Appeal No. 4602 of 2024, the Supreme Court of India reviewed an interim injunction granted by a trial judge against Bloomberg Television Production Services India Private Limited & Ors. (the appellants) regarding the publication of an article concerning Zee Entertainment Enterprises Limited (the respondent).
The trial judge’s order lacked sufficient reasoning and failed to adequately consider the three-fold test for granting injunctions, especially in defamation cases involving media platforms. The Supreme Court emphasized the importance of protecting free speech while balancing it with the right to reputation and privacy. It cited the ‘Bonnard standard,’ which requires exceptional caution in granting injunctions in defamation cases before trial.
The court highlighted the potential abuse of prolonged litigation to stifle free speech and public participation, especially in Strategic Litigation against Public Participation (SLAPP) suits. The Supreme Court set aside the trial judge’s and High Court’s orders, directing a fresh assessment of the injunction application by the trial judge, considering the observations provided in the judgment. The court clarified that its directives were procedural and didn’t indicate a stance on the case’s merits.