Madras HC restrains magazine from publishing pvt life of Kanimozhi

Chennai: Madras High Court has restrained Kumudam Reporter, a Tamil bi-weekly magazine, from publishing anything regarding the private life of Kanimozhi Karunanidhi, a Rajya Sabha MP and daughter of former Chief Minister and DMK leader M. Karunanidhi, viz., her family, her marriage, procreation, motherhood, child-bearing and education, without her consent.

Allowing an application arising out of a suit filed by Kanimozhi, Justice R. Subramanian said whenever the magazine proposes to publish any article on the private life of Kanimozhi, claiming that it is in public interest, they shall forward their queries/gist or the full article to her to her email ID (to be furnished) and await for her response. If any response is received within 48 hours, the response shall also be published with the same prominence of the article. If no response is received within 48 hours, the magazine will be at liberty to go ahead and publish the article.

“It is made clear that the restrictions are only with reference to any publication, which involved some matter which is exclusively private. It is not extended to the functions of Kanimozhi as a Member of Parliament or as a leader of the political party,” the judge added.

Concurring with the submissions of senior counsel P. Wilson, appearing for Kanimozhi, Justice R. Subramanian said, “Suffice to say, most of the publications made and produced in the form of a typed set, contain some sort of insinuation or other against the applicant or her immediate family members”.

To a specific query from the court as to the relevancy of the ownership of an estate by the former husband of the applicant (kanimozhi) in the Kurangani Forest, where the forest fire broke out recently killing nearly 23 people, the startling response of the senior counsel Satish Parasaran for the magazine, upon instructions, was that they have to sell their magazines. “This, in my considered opinion, exposes the mind of the respondents to write anything and everything, which is even remotely connected to the applicant, in order to enhance their commercial interest. I am unable to accept this as a responsible journalistic approach. An unfortunate fire accident, which took place in the forest is sought to be related to somebody, who was connected with the applicant some 30 years back, only with a view to enhance the sale of the magazine. It is this wild imagination that is called responsible journalism,” the judge added.

In balancing the two rights viz. the Right to Privacy and the Right to Freedom of Speech, the element of public interest was always based as a touch stone. The fact, as to whether, the former husband of the applicant was the owner of an estate near the location where the fire accident happened recently may be of some interest to the public, but definitely cannot be said to be in public interest.