Interim injunction against Sirasa TV extended for duration of defamation case

The District Court of Colombo, on Friday (July 02), extended the interim injunction against Sirasa TV - MTV Channel (Pvt) Limited - preventing the television network from defaming George Steuart Health (Pvt) Limited, for the duration of the defamation case.

A defamation case was filed by George Steuart Health last year, over defamatory news broadcast on Sirasa NewsFirst prime-time news telecasts against the pharmaceutical firm and its chairman Dilith Jayaweera.

The relevant news segments telecast on 11th, 13th, 16th, and 19th November had made false and slanderous references 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.

An enjoining order was first issued on November 23, 2020 preventing 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. It was later extended on December 07, 18, 30, January 08, 13, 18, February 08, March 15 and 21.

When the case was taken up today (July 02), Colombo District Judge Aruna Aluthge extended the interim order until the conclusion of the case.

The injunction has been issued preventing the defendant of the case, employees, agents or anyone who acts under them from committing such an act of defamation.

The District Judge stated that due to the reasonable grounds for trust based on the facts stated in the affidavit of the complainant they can be accepted under Section 181 of the Civil Procedure Code and that therefore the argument presented by the defendant was baseless.

The Judge further said that the plaintiff had presented documents to convince the court that Sirasa TV and TV Derana were two television channels competing ‘shoulder to shoulder’.

The Judge said that based on the said documents it does not appear that the two television channels are competing ‘shoulder to shoulder’ and that however the statement alleging that the two channels are competing ‘shoulder to shoulder’ cannot be considered as misleading the court due to the fact that the said documents have been presented to the court. 

Because those documents have not been suppressed from the court and because the court realizes the two television channels are not competing ‘shoulder to shoulder’, the statement made in the complainant is not likely to mislead the court, the judge said.

The judge stated that regardless of competing ‘shoulder to shoulder’, due to the fact that the documents show that the two channels are competing in the field of television media, the court cannot accept the argument presented by the defendant that the statement in paragraph 34 of the plaint is misleading. 

Further according to the documents filed before the court, at first glance it appears that there was a business rivalry between the owners of these two companies and therefore even the relevant document is admissible as evidence to show that the defendant had acted with malicious intent, the court pointed out.

Issuing the interim injunction, the judge said the plaintiff has succeeded to convince the court that it has a seemingly winnable case at first glance that meets the elements of a defamation suit. The case was postponed to October 01.

George Steuart Health was represented by Romesh de Silva PC, Ruwantha Cooray, Attorney-at-Law, S. Vasanthakumar Niles, Attorney-at-Law, instructed by Sanath Wijewardana, Attorney-at-Law.