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2024 Supreme(Ker) 1690

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.
Dejo Kappan – Appellant
Versus
Deccan Herald – Respondent


Advocates Appeared:
For the Appellants : Johnson Manayani, Benhur Joseph Manayani, Jeevan Mathew Manayani
For the Respondents: K. Gopalakrishna Kurup, V. Manu, N.N. Sugunapalan, Ashik K. Mohammed Ali, Suvin R. Menon, R. Ranjanie, P. Aniyan, G. Biju, Benoj C. Augustin, V.B. Hari Narayanan, Jomy George, S. Jiji, Kaleeswaram Raj, J. Kasthuri, R. Lakshmi Narayan, Legith T. Kottakkal, Millu Dandapani, V.V. Nandagopal Nambiar, Nagaraj Narayanan, K.P. Pradeep, V. Renju, Ruby P. Paulose, M. Rajagopalan Nair, Ron Bastian, V. Raima Ramesh, Sebastian Paul, Sebastian Thomas, Saijo Hassan, Sreekala Krishnadas, Sebin Thomas, Sabeena P. Ismail, Sajna T. Ummer, S. Vinod Bhat, Vivek V. Kannankeri, Vishnu Bhuvanendran, P.C. Sasidharan, P.C. Chacko, C.P. Udayabhanu, Elvin Peter P.J.

Judgement Key Points

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:

  1. 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) (!) .

  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 (!) .

  3. 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 (!) .

  4. 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 (!) .

  5. 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 (!) (!) .

  6. 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 (!) (!) .

  7. 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 (!) (!) .

  8. 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 (!) .

  9. 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 (!) (!) .

  10. 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

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