Bonnard standard

Why in news?

The Supreme Court of India’s prescription for granting pre-trial interim injunctions in defamation cases against journalists is the Bonnard standard, in Adani Enterprises Limited (AEL) case.

• The Bonnard standard is a legal principle.
• Origin - Originating from the 1891 UK case Bonnard v. Perryman.
• Bonnard standard – In defamation cases, the courts should only issue an order to stop something, when they are absolutely certain the statement is false and cannot be justified.
• Purpose in India - The application of the principle in India is critical for protecting journalistic freedom and preventing powerful individuals and corporations from misusing defamation law as a Strategic Lawsuit Against Public Participation (SLAPP).

SLAPP is a civil or criminal legal action intended to censor, intimidate, or silence individuals or organizations who speak out on matters of public interest.

• Supreme Court Affirmation -
  • Bloomberg Case (2024) - The Indian Supreme Court upheld the Bonnard standard by striking down an ex parte injunction against a Bloomberg report, emphasizing the need to avoid stifling public discourse.
  • Adani Case - A Delhi court's order to journalists to take down allegedly defamatory content was seen as a violation of the Bonnard standard for issuing an ex parte injunction without hearing the journalists' defenses.
• Protection of Free Speech (relation to article 19) -
  • The Bonnard Standard influences the application of Article 19(1)(a) of the Indian Constitution by requiring courts to exercise extreme caution when granting pre-trial injunctions in defamation cases to prevent unwarranted prior restraint on free speech.
  • To ensure that restrictions on free speech in defamation cases do not go beyond what is permissible under Article 19(2).
• Balancing Act – The principle aims to balance the right to reputation with the fundamental right to freedom of speech and expression.
• Exceptional Circumstances - In 2024, the Bloomberg v. Zee Entertainment case, the Supreme Court clarified what constitutes an "exceptional situation" that could warrant overriding the standard.
• Such circumstances are limited to cases where the defamatory content is malicious and really false.
• Three-Fold Test – It is a general legal standard for granting any interim injunction, including in defamation cases.
  • A prima facie case - The plaintiff must present sufficient evidence to convince the court that there is a genuine and serious issue to be tried
  • Balance of convenience - The court must compares the trouble the plaintiff will face if the injunction is denied to the trouble the defendant will face if the injunction is granted.
  • Irreparable harm/loss - The plaintiff must demonstrate that they would suffer irreparable injury that cannot be adequately compensated with money.

Plaintiff - A person who starts a legal action against somebody in a court of law.

Quick Facts

References

1. Indian Express | Bonnard standard
2. Nath Solicitors | Bonnard v Perryman