Media publishing false news – what action can be taken?

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      Anonymous
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      If a newspaper has published false news of the involvement of a person in a crime (which is a false news), what action can be taken under law against such newspaper?

    • #1422

      While I am not aware of the full facts of your case, depending on the actual facts and circumstances of the case, generally following types of legal actions may be possible:

      (1) A case under Section 500 of IPC for criminal defamation, if such offence is made out in the facts of the case. Please note that it is a non-cognizable offence, and therefore, the police will not register FIR and you’ll have to file a private complaint in the court.

      (2) A civil suit seeking damages / compensation for defamation (if the facts disclose it).

      (3) Depending on the facts of the case, sometimes other offences may also be made out (such as, for example, forgery, if the false news contains forged documents).

      (4) If the crime in respect of which the alleged false news has been published is pending before a court of law for adjudication, and if the nature of the false news is such that it is likely to interfere in the course of justice, you may seek injunction against publishing of any further false news in this regard. Sometimes, depending on facts, in such a scenario, it may even amount to a contempt of court [see, the definition of “criminal contempt” in Section 2(c) of the Contempt of Courts Act, 1971, which is reproduced at the end of this reply].

      (5) If any such false news has been broadcast on TV media, then a complaint may also be made to the News Broadcasting Standards Authority (NBSA), which is an independent body set up by the News Broadcasters Association, whose task is to consider and adjudicate upon complaints about broadcasts. At present, NBSA is headed by the former Supreme Court judge Justice (Retd.) R.V. Raveendran.

      (6) In case of false news being published in a newspaper, a complaint may also be made to the Press Council of India.

      Definition of “criminal contempt” in Section 2(c) of the Contempt of Courts Act, 1971:

      (c) “criminal contempt” means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which—

      (i) scandalises or tends to scandalise, or lowers or tends to lower the authority of any court; or

      (ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or

      (iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner;     


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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