EPW-Adani Row: Corporate Bullying or Unconvincing Journalism?

Our Legal Correspondent investigates Adani’s claims of defamation, and why EPW’s article was not up to the mark.

• Resignation of EPW editor Paranjoy Guha Thakurta after his article about Adani Power Ltd was withdrawn, is being viewed as EPW succumbing to corporate pressure.
  
• However, a detailed investigation into the article by The Quint’s Legal Correspondent raises questions about the allegations and conclusions reached in it, which suggests that the Trust withdrew it for failing to meet editorial standards.
  
• These failings in the article (listed below) mean that Adani Power Ltd appears to have grounds to sue for defamation.
  
• The headline allegation in the article is based on a single statement from Mr Guha Thakurta’s confidential source, and the circumstantial evidence used to corroborate this does not appear to add up.
  
• The article also makes two misleading arguments about changes to customs duties over the years, and Adani Power Ltd’s submissions before the Gujarat High Court, that are based on an incorrect understanding of facts and law.
  
• The Trust have justifiably held that that Mr Guha Thakurta may have committed a grave impropriety by unilaterally responding to Adani Power Ltd’s defamation notice regarding the article.
  
• It is important for journalists taking on corporations to get their facts absolutely right, as failure to do so will make it even tougher to speak truth to power.