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Bombay HC refuses blanket gag order on media in Shilpa Shetty's petition

MUMBAI: The Bombay High Court today refused to pass any order that would impose a blanket gag order on the media against reporting anything against actor Shilpa Shetty Kundra, wife of Raj Kundra who has been arrested in the case of production and distribution of pornographic content.

Hearing the matter the single bench of Justice Gautam Patel observed that, what Shetty was seeking in her plea will have a 'chilling effect' on the freedom of press adding that reportage of something based on what police have said cannot be termed defamatory.

Firstly, articles saying she cried and fought with her husband when her statement was recorded, is not defamatory. It shows that she is a human," Justice Patel said.

"The freedom of the press has to be balanced with the right to privacy of an individual," Justice Patel said, adding that Shetty chose a public life that is under a microscope and it is not possible to say that because a person is a public figure of some sort that such figure has forfeited her right to privacy.

Advocate Biren Saraf who appeared for Shetty argued that something (Shilpa Shetty breaking down) that happens between a husband and wife need not be reported, however Justice Patel said the action took place in front of cops and it was reported from the crime branch sources.

Shetty had moved the High Court accusing the media and social media platforms of publishing defamatory articles against her and her family after the arrest of Kundra on July 19 and who is lodged in jail as he has been remanded in judicial custody.

She had also sought damages of Rs 25 crore, stating that the respondents' several media publications and social media sites like Google, Facebook and YouTube are causing irreparable loss and damage to her reputation.

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