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Wednesday, May 8, 2019

Asianet, Suvarna News ordered to pay Rs 50 lakh in damages to actor Divya Spandana

Court
Kannada news channel Suvarna News had alleged Divya Spandana’s involvement in the 2013 IPL spot-fixing scandal.
A Bengaluru court has found news media giant Asianet News Network and its Kannada news channel Suvarna News liable for defaming actor-politician Divya Spandana by wrongfully telecasting news stories linking her to the IPL spot-fixing scam in 2013. The court has ordered the news channel to pay damages worth Rs 50 lakh to the actor. In the order dated April 26, the VIII Additional City Civil Court and Sessions Judge Patil Nagalingegouda also restrained Asianet and Suvarna News from telecasting any programs linking her to the match-fixing and spot-fixing scandals without any proof. "On perusal of the records, it is clear that plaintiff has a blemishless record and known as a good actress in the Kannada film industry and she has also worked as a Member of Parliament,” the court observed. Divya Spandana had filed a defamation case against Asianet News Network Pvt Ltd and Suvarna News 24x7 in 2013 after the Kannada news channel telecast a news segment alleging her involvement in the 2013 IPL spot-fixing scandal. Suvarna News had run news segments containing visuals of Divya Spandana at various IPL matches and had alleged that she was involved in the spot-fixing scandal. Divya Spandana was the brand ambassador of Royal Challengers Bangalore team for the first five IPL seasons. During the trial, Divya Spandana’s legal counsel Pramod Nair had contended that she was not involved in IPL in 2013 in any manner, as she was then campaigning for Karnataka assembly elections that year. Asianet and Suvarna News contended that news channels were entitled to broadcast news relating to public events and public figures and that they had not made any direct reference to Divya Spandana. The channel’s representative also argued that the broadcast had not caused her any damage. They also stated that the inquiry by police in the case had revealed the involvement of two Kannada film stars in the scam. The 2013 Indian Premier League spot-fixing and betting case came to light when the Delhi Police arrested three cricketers, S Sreesanth, Ajit Chandila and Ankeet Chavan, on the charges of spot-fixing. All three of them were a part of the IPL team Rajasthan Royals. Suvarna News in its news segments alleged that one of the cricketers had revealed to the police that two Sandalwood women actors were also involved in the scam. However, the court noted that Divya Spandana was not associated with the IPL in 2013 and that the persons nabbed by Delhi and Mumbai police in relation to the scam had not named her as the actor involved in spot-fixing. The court observed that the channel had telecast the news with Divya Spandana’s pictures at IPL events. "There are no records produced on behalf of the defendant to show plaintiff being a brand ambassador of Royal Challengers Bangalore Team was involved in betting and spot-fixing scandal as transmitted in the questioned program by the defendants. Hence, this Court is of the opinion that act of defendants is in complete violation of the journalistic ethics and deliberately to destroy the popularity of the plaintiff and act of defendant is mala fide with an intention to defame her dignity,” he further observed. The court also stated that the “reputation is the most valuable asset of a person” and is “much more valuable than any amount of money.” “When the above said questioned program/still images do have the tendency to destroy such reputation, the injury complained of by the plaintiff would be irreparable,” the court said.    
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