THE SUPREME RIGHT OF JOURNALISM

While observing that the “excellence is something personal to an individual”, Delhi High Court dismissed the injunction application filed by Independent News Service Private Limited (INSPL) against its channel India TV’s reporter Sucherita Kukreti from joining any rival television channel till the expiration of her contract with the channel. The battle between the India TV and the Republic Bharat finally ended in the favour of Republic Bharat.
Sucherita Kukreti’s contract with India TV was supposed to end in November 2019, however, she resigned from the channel on December 13, 2018. One of the clauses of her contract included the condition of her not being associated with a rival channel during the term of her contract. After leaving the India TV, she intended to join Republic Bharat, a rival channel of India TV and declared her joining on Twitter on 20 January 2019.
In response, India TV approached the Delhi High Court on January 25 and filed for an injunction, requesting the court to restrain Sucherita from using her image, voice, name or taking the work for any other news channel till the expiry of the term of her contract with India TV i.e. November 2019. The channel also sought damages to a tune of 2,00,00,000 from Sucherita for the breach of job agreement.
The primary contention of the channel was that she was a prime face of their channel and they have invested a large sum of money and resources in building her “image, reputation and goodwill”.
The court while dismissing the injunction application on 5 February 2019 held that granting such injunction would amount to the violation of Right to life and personal liberty under article 21 of the Constitution of the defendant since the term personal liberty here includes the liberty to carry out legal profession. Any restraint on it would amount to interference with autonomy, freedom of choice and impinge on the dignity of the defendant. Such a restriction over the profession of the defendant can be really devastating, the court observed.
The court did not agree with the argument of India TV that they had built up the reputation and goodwill of Sucherita through the investment of money and resources over 14 years. The court observed, “Excellence is a skill which is personal to the defendant. The Plaintiff cannot have any proprietary right or interest in such acquisition of excellence even if with the contribution of the Plaintiff.”
The judgment is important from the point of view of liberty of profession. At a time when the instances of journalists being threatened by their employers and being intimidated are an almost routine matter, the judgment comes as a relief. The importance given to the fundamental rights of the journalists gives them a powerful weapon against the exploitation of their employers.

By
Deeksha Gupta
Student reporter
INBA