The Bombay High Court on Friday refused to restrain media organisations and social media platforms from publishing information relating to actress Shilpa Shetty and her husband Raj Kundra who has been arrested in connection with the alleged production and streaming of porn films.

Justice GS Patel of the high court said that the observations made by him during Friday's hearing  “should not be construed as a gag on the media. I am making no order, but this is not refusal or interim or ad interim relief”.

“Her (the actress’) right of privacy under the wide protection recognised by the freedom of press to be balanced with the right of privacy. It is possible that freedom of speech may have to be narrowly tailored....But it is not possible to ignore the constitutional pinning of privacy nor to say that if a person is a public figure, that person is deemed to have sacrificed his right to privacy,” Justice Patel observed.

The Bombay High Court,  however, ordered the removal of certain videos from media and news channels, that are prima facie defamatory against Shilpa Shetty.  Justice Patel was hearing a Rs 25 crore defamation petition filed by the actress seeking the court to restrain the media and social media platforms like Twitter, Facebook, Instagram, YouTube and newspapers and electronic media publishing or airing defamatory content about her on their platforms.

There are as many as 29 respondents in the case. The other media organisations that have been made parties in the defamation petition  filed by Shilpa Shetty include: the New Indian Express, India TV, Free Press Journal, NDTV, Clapping Hands Private Limited and PeepingMoon.com,

After seeking replies from the respondents in the petition filed by the actress, the Judge scheduled the hearing of the case for September 20.  

In her plea, Shilpa Shetty had objected to certain media channels carrying news reports that she broke down when Mumbai Police officials took Raj Kundra to their residence for searches last week.

While hearing Shetty’s advocate Biren Saraf raising objections to newspapers in various news channels and papers, Justice Patel said what Shilpa Shetty is seeking in her plea will "have a chilling effect on the freedom of press". He added, "Reportage of something based on what police have said is not defamatory."

When Saraf wanted to know from the court as to “How is what happens with my husband a news..?”. Justice Patel responded by saying: “This happened in the presence of outsiders… in a matter which is of some public concern, or seems to be of some public concern. What you are asking is to curb freedom of press, I am not doing it!”.

“There is constitutional tension between the right to privacy and press in light of the Putthuswamy case. In your case, if something happened between husband and wife in the house, then yes privacy is there..But when the next statement is made which comments on the moral instruction, then there is a line drawn at that..,” the Judge went on to add.