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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K. JAYASANKARAN NAMBIAR, KAUSER EDAPPAGATH, MOHAMMED NIAS C.P., C.S. SUDHA, SYAM KUMAR V.M., JJ.
Dejo Kappan - Appellant
Versus
Deccan Herald - Respondent
W.P. (C) No. 21108 of 2014, W.P. (C) Nos. 24499, 25718 of 2016
Decided On : 07-11-2024
Based on the provided legal document, the key points regarding the scope, extent, and content of the right to freedom of speech and expression of the press/media under Article 19(1)(a) of the Constitution of India are as follows:
The right to freedom of speech and expression for the media is a fundamental right derived from Article 19(1)(a), but this right is not absolute and is subject to limitations imposed by law, specifically those outlined in Article 19(2) (!) .
The content and exercise of this right are delimited by the interplay with other constitutional rights, notably the rights to dignity, privacy, and a fair trial, which are protected under Articles 21 and 14 (!) .
In cases of conflict between the media's right to free speech and an individual's right to dignity or reputation, the latter right can control or restrict the former, especially when the reporting impinges on personal dignity, privacy, or the integrity of judicial proceedings (!) .
The media's reporting must adhere to responsible journalism, avoiding false, distorted, or prejudicial information that could jeopardize the fairness of legal proceedings or infringe upon the rights of individuals involved (!) .
The principle of separation of powers and the rule of law necessitate that the final authority to determine guilt or innocence rests solely with judicial forums, and media should refrain from expressing definitive opinions on pending cases before such authorities pronounce verdicts (!) (!) .
The right to free speech and expression of the media is subject to constitutional ideals, fundamental duties, and the limitations necessary to uphold the dignity, reputation, and privacy of individuals, as well as the integrity of judicial processes (!) (!) .
The exercise of this right must be balanced with the obligations of responsible reporting, which includes respecting the presumption of innocence, avoiding prejudicial reporting, and refraining from speculative or sensationalized coverage of ongoing investigations or trials (!) (!) .
The law recognizes that the media should self-regulate within existing statutory and ethical frameworks, and additional judicial guidelines are not necessarily required, provided that responsible journalism is maintained (!) .
In circumstances where media reporting infringes on the rights of individuals or impacts the fairness of judicial proceedings, aggrieved persons have the recourse to approach courts for appropriate measures to prevent or mitigate such damage, relying on constitutional protections and precedents (!) (!) .
Overall, the scope of the media's freedom of speech and expression is to be exercised within the bounds of constitutional morality, fundamental duties, and the principles of justice, with an emphasis on balancing this right against other fundamental rights and societal interests (!) (!) (!) .
These points collectively articulate the legal understanding that while the media's right to freedom of speech and expression is fundamental, it is inherently limited by constitutional rights to dignity, privacy, and fair trial, and must be exercised responsibly and within the framework of the rule of law.
JUDGMENT :
A.K. JAYASANKARAN NAMBIAR, J.
1. These writ petitions raise an interesting question as regards the scope, content and extent of the right to freedom of speech and expression enuring to the media when they report facts about ongoing criminal investigations or the proceedings in cases pending adjudication before the various adjudicatory forums in the country. The writ petitions were initially considered by a Full Bench of this Court. However, by an order dated 24.05.2018, the Full Bench took the view that in the light of an earlier decision of another Full Bench of this Court in S. Sudin v. Union of India and Others, 2015 (2) KLT 296 (FB), these matters needed to be referred to a Larger Bench of five Judges for consideration. It is thus, and pursuant to an order dated 02.09.2024 of the Hon’ble the Acting Chief Justice, that these matters are now before us.
The issue to be considered:
2. Taking note of the specific prayers sought for in the writ petitions, in the light of the law as it then stood, the Full Bench of this Court that was considering the matter earlier had, on 21.02.2017, framed the following six issues for its consideration:
1. Whether the existing regulations are sufficient to keep the media and press within the bounds of Article 19(2) of the Constitution of India?
2. Does the case reported in (2012) 10 SCC 603 Sahara India Real Estate Corporation's case finally decide on the powers of the court to frame guidelines for reporting/publishing the court proceedings? If not, whether it is necessary to frame guidelines by the High Court?
3. Whether the fundamental right guaranteed under Article 19(1)(a) of the Constitution of India is available to Media Institutions/Corporation apart from citizens?
4. Whether a Media room available to news reporters in the Hon'ble Supreme Court is to be provided for in the High Court also?
5. Are the Press and Media Institutions under an obligation to publish true and correct version of the news? If so, can the media project their own policies and views as part of the news?
6. In terms of Article 19(1)(a) of the Constitution of India, are not the citizens entitled to know the true and correct events covered by the news items and to insist for true and correct reporting?
However, the Full Bench later referred this matter to a Larger Bench since it noticed that another Full Bench of this Court had, in Sudin (supra), held that a writ cannot be issued directing the media to adhere to Norms of Journalistic Conduct.
3. When these matters were taken up for hearing by us on 30.09.2024 and 01.10.2024, we heard the learned counsel for the petitioners and respondents in all the three writ petitions. We felt that in the light of the developments in our free speech jurisprudence in the years since 2017, and in view of the transparency in court proceedings ushered in through technological innovations such as video-conferencing and live streaming of court proceedings, the sole issue that now remains to be considered in these proceedings can be framed as under:
“What is the scope, extent and content of the right to freedom of speech and expression guaranteed to the press/media under Article 19(1)(a) of the Constitution of India, in the context of reporting facts relating to criminal investigations and cases pending adjudication before various adjudicatory forums in our country ?”
By framing the issue as above, we hope to find answers to the following questions viz.
(i) whether the print and electronic media have unlimited and unrestricted freedom to publish details of criminal cases pending their investigation and trial,
(ii) whether any restriction in that regard can and ought to be put in place by this court? and
(iii) whether this court can frame guidelines regarding reporting of criminal cases at the stage of investigation and trial?
We therefore requested the learned counsel appearing for the parties in these writ petitions to address their arguments on the above issue alone.
The arguments of counsel:
4. Th
The media's right to freedom of speech is regulated by ensuring it does not infringe upon individuals' rights to dignity and fair trial, requiring responsible reporting in criminal investigations and....
The media's right to freedom of speech under Article 19(1)(a) is subject to restrictions to protect individual dignity and fair trial rights, emphasizing responsible journalism in reporting criminal ....
The main legal point established in the judgment is the need to balance the freedom of speech and expression with the right to privacy and reputation, emphasizing that the right to privacy, reputatio....
Balancing media freedom with the right to a fair trial is essential; existing legal norms adequately address identity protection of accused in sexual offence cases.
Investigative reports registered by law enforcement are public documents. Accurate media reporting of such records does not inherently violate privacy rights or constitute an unfair trial, absent cle....
(1) Courts must be open both in physical and metaphorical sense. Concept of an open court requires that information relating to a court proceeding must be available in public domain. Citizens have a ....
Media briefings by Police – Age and gender of accused as well as of victims would have significant bearing on nature of disclosure to be made – Media trials are liable to result in a derailment of ju....
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