Media Persons Cannot Be Prosecuted For Defamation For Discussing The Contents Of A Publicly Available Book

Recently, the Kerala High Court ("Court") ruled that media persons, in discussing the contents of a publicly available book, cannot be prosecuted for defamation. The media persons, in conducting such discussions, would be exercising their freedom of speech through engaging in fair comment and criticism. In the case of Prakash & Anr. v. Vandana & Anr.¹, the Court quashed the defamation case filed by devotees of Mata Amritanandamayi against two media persons for discussing the book 'Holy Hell' by Gail Tredwell (the "Book") which is based on Mata Amritanandamayi and her Math. The Court ruled that the devotees of Mata Amritanandamayi cannot pursue a claim of defamation against the media persons if they are not taking actions against the author or the publisher of the Book.