Enjoining order against MTV/Sirasa extended

Enjoining order against MTV/Sirasa extended

December 7, 2020   06:59 pm

The District Court of Colombo today extended the enjoining order against MTV Channel Private Limited in the defamation case filed by George Steuart Health (Pvt) Limited over defamatory news broadcast on its prime time news telecasts against the company and its chairman Dilith Jayaweera.

The District Court today also refused an application by MTV Channel (Pvt) Limited to vacate the enjoining order issued against MTV Channel (Pvt) Limited. 

MTV Channel (Pvt) Limited represented by Uditha Egalahewa PC instructed by G G Arulpragasm AAL appearing in court made an application seeking to vacate an enjoining order issued against MTV Channel (Pvt) Limited preventing them from defaming George Stuart Health and its Chairman Dilith Jayaweera. 

The Counsel appearing on behalf of the MTV Channel (Pvt) Limited making submission informed Court that, the Plaintiff had misrepresented to Court that TV Derana and Sirasa TV are operating neck to neck and instead made submissions that Sirasa TV has far lesser TV rating compared to its competitor TV Derana as submitted to Court by the Plaintiff. 

Romesh De Silva PC appearing for the Plaintiff submitted that, the Defendant namely MTV Channel (Pvt) Limited had continued to defame the Plaintiff on four occasions and further submitted that the Media Organizations does not have a fundamental right to defame the Plaintiff. 

The Court having noted submission made by both parties rejected the application by the Defendant and extended the enjoining order against MT V Channel (Pvt) Limited until the 18th December 2020. 

Plaintiff was represented by Romesh De Silva PC with Ruwantha Cooray and Vasanthakumar Niels instructed by Sanath Wijewardane.

The case had been filed over several false and defamatory news segments telecast by Sirasa NewsFirst on 11th, 13th, 16th and 19th November referring to the import of Covid-19 rapid antigen test kits by George Steuart Health.

The plaintiff had listed out the repeated instances of mischievously fabricated, factually incorrect news designed with malice to mislead the public and thereby to defame George Steuart Health as well as the chairman of George Steuart & Co.
 
The damages claimed amount to Rs. 2 billion.
 
The enjoining order issued on November 23 and extended today prevents MTV Channel and its agents and employees from defaming George Steuart Health, its chairman and its key officers in any manner and in any forum whatsoever.

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