A newspaper report of proceedings in a Legislative forum is not entitled to an absolute privilege, but only to qualified privilege. Any party who wishes to project objectively a coverage under the umbrella of qualified privilege must primordially satisfy three cardinal tests, viz., (1) that the publication is a true and faithful report of the proceedings, (2) that the published matter is of importance to the public and (3) that it was not actuated by any malice or oblique motive.

NATARAJAN, J. :- The defendants in O. S. No. 5497 of 1967 on the file of the First Additional City Civil Judge, Madras are the appellants.

2. Plaintiffs 1 and 2, who are respectively the Director and General Manager of the Newspaper publication, "Daily Thanthi" came forward with an action alleging that by reason of a publication effected by the defendants in the issue of the Tamil daily "Navamani" dated 4-2-1966 (to be read as 5-2-1966 in respect of moffussil areas), the defendants had defamed the plaintiffs and were therefore liable to pay damages. The third defendant is the publisher and proprietor of the Tamil daily "Navamani" and defendants 1 and 2 are respectively the Editor and printer of the said daily. In the publication of "Navamani" dated 4-2-1966 the defendants caused a report to be published in the front page which, among other things, contained words to the effect that the employees of "Daily Thanthi" were being victimised for their membership in trade unions and that the Management of "Daily Thanthi" had resorted to beating its employees. The plaintiffs alleged mat the defendants had falsely and maliciously edited, printed and published the report relating to Daily Thanthi" containing the offending words, that the defendants by making the said publication, had intended to convey to the public that the plaintiffs had descended to the low level of beating their employees with sticks and by reason of such malicious allegations, the plaintiffs had been gravely injured in their credit and reputation and had been brought to odium and contempt in the eyes of the public and had thereby suffered pain and humiliation. Quantifying the damages claimed by them at Rs. 25,000/-, the plaintiffs sought a decree of court in their favour for the said sum of Rs. 25,000/-together with interest at 6 per cent per annum from the date of the plaint till the date of realisation and costs of the suit. The defendants justified the publication effected by them and contended that the publication related to an adjournment motion tabled on the floor of the Madras Legislative Assembly by Thiru M. Kalyanasundaram, M. L. A. who moved the adjournment on behalf of the workers of "Daily Thanthi" and the proceedings of the House in relation to the said adjournment motion. They averred that the report, though not a verbatim one, was a faithful summarisation of the proceedings in the House and the publication had been effected in the normal course of the publishing activity of "Navamani" and its wonted practice or publishing the proceedings of the Legislature. To point out that the defendants had not done anything abnormal or extraordinary, the defendants contended that some other newspapers also had published the proceedings or the House relating to the adjournment motion tabled by Thiru M. Kalyanasundaram. An express denial was made by the defendants of having effected the publication either falsely or maliciously and in furtherance of any oblique motive to make the public believe that the plaintiffs had descended to such unbecoming act as beating their employees. The defendants characterised as incorrect allegations, the plaint averments that the plaintiffs had been gravely injured in their credit and reputation and had been brought to public odium and contempt and the resultant suffering of pain and humiliation by the plaintiffs.

3. In any event, the defendants contended that, the publication made in "Navamani" which the plaintiffs' claim as being false and malicious in content and defamatory in character, was a protected act by virtue of its being a privileged and faithful publication of the proceedings of the Assembly relating to a matter of public importance. On all those grounds, the defendants refuted the claim of the plaintiffs for damages.

4. The learned First Additional Judge, City Civil Court, set the following issues for trial in the suit :-

(1) Is the publication dated 4-2-1966 entitled (Original in Tamil Omitted -Ed.) per se defamat