2 min readNew DelhiFeb 12, 2026 04:33 AM IST
In convicting journalist Ravi Nair in a criminal defamation case filed by Adani Enterprises Ltd (AEL), the trial court in Gujarat’s Mansa held that alleging “collusion or favouritism” with the government is not “fair criticism”.
“The publications in question do not merely critique policies or express disagreement with governmental decisions. Instead, they attribute those decisions to alleged collusion or favouritism towards the complainant. Such attribution shifts the focus from policy criticism to character and conduct, thereby crossing the threshold from protected expression into actionable defamation,” the court said.
Essentially, the court refused to accept the “good faith” defence by Nair. Truthful publications and those done in good faith are statutory exemptions to the criminal defamation law. Section 52 of the Indian Penal Code defines good faith and states that nothing is considered done in good faith which is done or believed without due care and attention. The court examined three prosecution witnesses who testified against Nair. All three of them were employees of the Adani Group or its flagship company, Adani Enterprises Limited.
The court stated three grounds to convict Nair: repeated allegations, their “declaratory and accusatory” tone rather than “tentative or exploratory tone”, and their dissemination through social media platforms.
“The language of the publications is categorical and accusatory, rather than tentative or exploratory. Such manner of publication militates against the claim of good faith. Further, the medium of publication namely social media and online platforms has a wide and instantaneous reach. Where imputations are disseminated through such media, a higher degree of responsibility and circumspection is expected,” the court stated. The trial court also placed a higher burden on journalists in examining allegedly defamatory content. “A person engaged in reporting or commentary is expected to be conscious of the responsibility accompanying such a role, particularly while making categorical imputations affecting the reputation of others,” it said.
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