MOOT

Sharda University’s 2nd Anand Swaroop Gupta Memorial National Moot 2017 Team Code: ___ BEFORE THE HON’BLE HIGH COURT OF …………..

APPELLATE JURISDICTION UNDER SECTION 96 OF CODE OF CIVIL PROCEDURE, 1908 APPEAL NO. _______ OF 2017 BABA SATYANAND AMARCHAND ...APPELLANTS

V.

SILBIL MAGAZINE ...RESPONDENTS SUBMISSION BEFORE THE HONOURABLE JUDGES OF THE HONOURABLE HIGH COURT OF ……..

MEMORANDUM ON BEHALF OF THE APPELLANT

SHARDA UNIVERSITY’S 2ND ANAND SWAROOP GUPTA MEMORIAL NATIONAL MOOT, 2017 STATEMENT OF FACTS Baba Satyanand is a well-known religious leader and preacher in India who has a large group of people following him because of his teachings and mantras to live life purely and religiously and one prominent teaching is ‘not to touch the liquor’. His influence is so strong that his followers have started a new sect called ‘Satyas’. Silbil Magazine publishes stories cartoons based on fiction and in its parody column where they publish mocking cartoons of relevant descriptions of contemporary nature. It has been stated that while publishing it uses the element of factual truth only and modifies accordingly to suit the parody content and it also gives disclaimer of innocent use of humor. In the august 2015 issue, the Magazine published the parody column containing the description of Baba Satyanand campaigning in an advertisement of a liquor brand, as a parody to his teaching of non-consumption of liquor and showed that Baba was holding the bottle in his hand and describing to his people the importance and about the first-hand experience. The followers of Baba didn’t find it proper and they began protesting against the Magazine. A nation- wide meeting was called of followers of ‘Satyas’ in Delhi where it was decided that a legal action would be taken against Silbil Magazine. Baba Satyanand himself filed a suit for damages for defamation against Silbil Magazine on the charges pertaining to defamation and mental distress. He sought a compensation of rs1 crore and demanded stopping of the circulation of the Silbil Magazine’s august issue. Silbil Magazine took the defence of innocent humor and reiteraded its freedom to publish the same under freedom of press. The district court held Silbil not liable on the ground of innocent humour and did not order to stop the circulation of the issue of Silbil Magazine but the court found the element of mental distress and awarded a compensation of rs 30 lakhs but Baba appealed In the high court because he was unsatisfied with the decision. Another appeal was filed by the Silbil Magazine in which the contested the impugned order. During the pendency of the appeal,a follower of Baba Satyanand mr.Amarchand, filed another suit for permanent injunction and damages against Silbil Magazine and he pleaded for

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MEMORIAL ON BEHALF OF THE APPELLANT

SHARDA UNIVERSITY’S 2ND ANAND SWAROOP GUPTA MEMORIAL NATIONAL MOOT, 2017 compensation for mental distress causes to Satyas community due to insult of their godly figure. The court dismissed the suit and Amarchand also appealed in the high court. The High court clubbed the three appeals and posted for final hearings on the broad issues pertaining to personal distress and defamation.

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MEMORIAL ON BEHALF OF THE APPELLANT

SHARDA UNIVERSITY’S 2ND ANAND SWAROOP GUPTA MEMORIAL NATIONAL MOOT, 2017 STATEMENT OF JURISDICTION Baba Satyanand and Amachand, hereafter referred to as the appellants, have approached the Hon’ble High Court of ……. Under Section 96 1 of the Civil Procedure Code, 1908 against Silbil Magazine, hereafter referred to as the Respondents.

1 Appeal from original decree.- (1) Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any court exercising original jurisdiction to the court authorized to hear appeals from the decisions of such court.(2) An appeal may lie from an original decree passed ex parte. (3) No appeal shall lie from a decree passed by the court with the consent of parties. (4) No appeal shall lie, except on a question of law, from a decree in any suit of the nature cognizable by courts of small causes, when the amount or value of the subject matter of the original suit does not exceed ten thousand rupees.

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MEMORIAL ON BEHALF OF THE APPELLANT

SHARDA UNIVERSITY’S 2ND ANAND SWAROOP GUPTA MEMORIAL NATIONAL MOOT, 2017 ARGUMENTS ADVANCED A. THE PICTURE PUBLISHED IN SILBIL MAGAZINE WAS DEFAMATORY. Defamation is a false statement or suggestion of fact to the prejudice of a man's reputation; insult consists in words or conduct offensive to a man's dignity.2 It is the publication of a statement which tends to lower a person in the estimation of right thinking members of society generally, 3 or which tends to make them shun or avoid that person. 4 An imputation which exposes one to disgrace and humiliation, ridicule or contempt, is defamatory. In the present case Baba Satyanand who is treated to be a godly figure and has a large number of people following him because of his teachings and mantras to live life purely and he preaches not to touch the liquor is shown in a cartoon holding a bottle of liquor in his hand and he is describing his pupil of firsthand experience and its importance. It is clearly a statement which will lower his respect, reputation in the eyes of his followers as well as the other people of the society. It is a false statement which will lower his reputation in the society. Baba Satyanand was defamed by printing his picture which is wrongly depicting his character and lowering his esteem because all the 3 essentials are being fulfilled which are necessary for the defamation of a person. 1. The Statement Must Be Defamatory A defamatory statement is one which has a tendency to injure the reputation of the person to whom it refers; which tends, that is to say, to lower him in the estimation of right thinking members of society generally and in particular to cause him to be regarded with feelings of hatred, contempt, ridicule, fear, dislike, or disesteem. 5 In simple words a defamatory statement is one which tends to injure the reputation of the plaintiff In the estimation of right thinking members of the society. in this particular case Baba Satyanand is shown advertising a liquor 2 Bavisetti Venkata Surya Rao vs Nandipati Muthayya AIR 1964 AP 382 3 Sim v. Stretch (1936) 52 T.L.R. 669 p.671 4 Winfield, Tort, 12th ed. p.293 5 Deepak Kumar Biswas vs National Insurance Co. Ltd. AIR 2006 Gau 110 4 | Page

MEMORIAL ON BEHALF OF THE APPELLANT

SHARDA UNIVERSITY’S 2ND ANAND SWAROOP GUPTA MEMORIAL NATIONAL MOOT, 2017 brand, though it is used as a parody but it injured the reputation of Baba because he never promoted liquor instead he was of the view to not to touch the liquor, and by publishing false images they are lowering his reputation in the eyes of the people. Using someone’s picture without his consent is unlawful and moreover after such publication his followers can start seeing him as person of low morals and can regard him with feeling of hatred, contempt, ridicule and dislike him. It is said that Silbil Magazine only uses the element of factual truth and modifies it accordingly to suit the parody content but hereby there is no factual truth that Baba promotes liquor consumption. So through false imagery they are trying to lower the reputation of Baba Satyanand and hence it is a defamatory statement. The Innuendo Sometimes a statement may prima facie be innocent but because of some latent or secondary meaning it is considered to be defamatory. Though Silbil Magazine claimed that they were just making a parody and were showing innocent use of humor may be humorous prima facie but it was defaming to Baba because he never preached his pupil the importance and his firsthand experience rather he was not in the its favor. So, by showing wrongful and false statements though for humor they are defaming Baba Satyanand. Acting in good faith and without any intention to defame the plaintiff is no defence.6 When the words are considered to be defamatory by the persons to whom the statement is published, there is defamation, even though the person making the statement believed it to be innocent.7 Obvious innocence of the defendants was no defence and the defendants were held liable. the defense of innocent humor is not applicable since the statement made is defamatory in nature.

2. The Statement Must Refer To The Plaintiff In an action for defamation it is necessary that the statement or image referred to the plaintiff. If the person to whom the statement was published could reasonably infer that the statement referred to the plaintiff, the defendant was nevertheless held liable. It is immaterial that the 6 Newstead v London Express Newspaper, Limited [1940] 1 KB 377 7 Cassidy v. Daily Mirror Newspapers Ltd (1929) 5 | Page

MEMORIAL ON BEHALF OF THE APPELLANT

SHARDA UNIVERSITY’S 2ND ANAND SWAROOP GUPTA MEMORIAL NATIONAL MOOT, 2017 defendant did not intend to defame the plaintiff. In order for defamation of a person, the ordinary readers of the paper who knew him would have understood that it referred to him. 8 In the present case Silbil Magazine used the picture of Baba Satyanand holding a liquor bottle which was a direct usage of his picture and it related to him. His followers as well as the subscribers of the Magazine were able to infer that it referred to Baba Satyanand only due to which all the protests began in the nation and meetings were called. hence rational and right thinking people were able to infer that it referred to him so the essential is fulfilled.

3. The Statement Must Be Published Publication means making the defamatory matter known to some person other than the person defamed. If other people come to know about the matter, it is well in hand published. In the present case, the followers of Baba Satyanand saw the cartoon published in the Magazine and many other subscribers of the Magazine might have seen the cartoon. The matter was hence published and the matter was known to some other people other than the person defamed. All the three essentials of defamation are being fulfilled due to which reputation of Baba Satyanand is being injured as well as his character is at stake. He is being regarded as a person of low morals and with disesteem. Showing false things instead of the truth is wrong on the part of Silbil Magazine to defame a person who has strong influence on his followers and treated to be a godly figure. Further, the Silbil Magazine states that they used only the element of factual truth and further modified it to suit the parody but herein there was no factual truth that Baba Satyanand preached his pupil the importance of drinking or his first-hand experiences with liquor. They are trying to use their imaginary statements and in turn defaming a person who is highly reputed just because his preaching is to never touch liquor. Magazine is stating false facts in their Magazine which is against their own policy so they have a liability in this case. Another thing to be kept in mind is that Baba is shown in the cartoon, campaigning in an advertisement of liquor brand. No advertisement shall be published, which promotes directly 8 E. Hulton & Co. v. Jones 220 F. Supp. 598, 1963 U.S. Dist. 6 | Page

MEMORIAL ON BEHALF OF THE APPELLANT

SHARDA UNIVERSITY’S 2ND ANAND SWAROOP GUPTA MEMORIAL NATIONAL MOOT, 2017 or indirectly production, sale or consumption of cigarettes, tobacco products, wine, alcohol, liquor and other intoxicants.9 Firstly they are using the picture of Baba without his consent and further they are showing unlawful content in their Magazine which is banned in India. No content promoting consumption of liquor should be published which is an unlawful thing on the part of Silbil Magazine which makes it clear that Baba shown doing unlawful things is defaming to his image and character. The defence which Silbil Magazine is taking is that of freedom of press which comes under Article 19(1) of the Indian Constitution which gives press to publish and print anything but with certain restrictions which comes under Article 19(2) of the Indian Constitution. It is held in the restrictions that freedom of speech and expression cannot be used to transgress the law relating to defamation. Any statement which is defamatory in nature and is intended to harm the reputation of a person should not be printed or published. The right to freedom of speech and expression is subject to reasonable restrictions under Article 19(2). Such restrictions can be in the interest of sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence. 10 So it is no defence in the particular case that it was their freedom of press and they cannot escape the liability even they gave a disclaimer because any matter which is intended to be defamatory must not be published and further the Magazine took the defence of innocent humor,The liability for the defamation did not depend upon the intention of the defendant to defame, but upon the fact that the statement made by him was considered to be defamatory.11 In this suit Baba Satyanand was clearly defamed and hence the Magazine cannot escape through this liability to pay damages under the freedom of press as it was their prior responsibility to make sure that the content they publish is not harming someone’s reputation and raising a doubt on his character. Amarchand who is a follower of Baba Satyanand and has his religious sentiments attached to Baba Satyanand suffered from mental and personal distress because of the insult of Baba 9 36(ii) Press Council of India (NORMS OF JOURNALISTIC CONDUCT) 10 Devendrappa M.H. V/s Karnataka State Small Industries Development Corporation ILR 1988 KAR 950 11 Supra 5 7 | Page

MEMORIAL ON BEHALF OF THE APPELLANT

SHARDA UNIVERSITY’S 2ND ANAND SWAROOP GUPTA MEMORIAL NATIONAL MOOT, 2017 Satyanand and the distress caused to the Satya community due to false propagation of the importance of liquor which, in fact is prohibited in the community. Amarchand suffered from grief and distress due to the attitude of others adopted towards him after his religious leader was insulted in the public. In an action for defamation, the wrongful act is damage to the plaintiffs reputation. The injuries that he sustains may be classified under two heads : (i)

the consequences of the attitude adopted to him by other persons as a result of the diminution of the esteem in which they hold him because of the defamatory statement,

(ii)

and the grief or annoyance caused by the defamatory statement to the plaintiff himself.12

In this case, Amarchand has said that he mentally suffered agony for the publication which has been made and hence he is entitled to seek compensation for them. The quantum of damages cannot be decided, they must be decided by the court for the harm to his religious sentiments.

12 Pijush Kanti Datta vs Mangilal Gidia AIR 1987 Cal 136 8 | Page

MEMORIAL ON BEHALF OF THE APPELLANT

SHARDA UNIVERSITY’S 2ND ANAND SWAROOP GUPTA MEMORIAL NATIONAL MOOT, 2017 PRAYER FOR RELIEF Wherefore in the light of facts of the case, arguments advanced and authorities cited, it is most humbly prayed before the Hon’ble Court that it may be pleased to hold, adjudge and declare-

1. THE PICTURE PUBLISHED IN SILBIL MAGAZINE WAS DEFAMATORY.

And/or any other relief that this Hon’ble Court may be pleased to grant in the interest of justice, Equity and Good conscience. And in these premises the Petitioner as duty bound shall forever pray.

Sd/Counsels on behalf of Petitioner

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MEMORIAL ON BEHALF OF THE APPELLANT