The freedom of press under Article 19(1) and 19(2) of the Constitution of India and the availability of remedies through common law or criminal prosecution for individuals aggrieved by false information.

JUDGMENT

(Prayer: Writ petition has been filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus

a) Directing the Respondents to issue guidelines to Print media and visual media with regards to the cautious presentation of the news items when it involves any news, update or information about Corona Covid 19 disease and maintain strict confidentiality in not revealing about anyone infected by the Corona Covid 19 including his family and

b) Directing the respondents to take strict legal action against who are spreading rumors and false information regarding the COVID 19 in Social Media.)

M. Sathyanarayanan, J.

1. This Writ Petition, styled as a Public Interest Litigation, is filed by the petitioner, who claims to be a practising Advocate of Madras High Court seeking for a direction to the respondents to issue guidelines to Print Media and Visual Media with regard to the cautious presentation of the news items when it involves any news, update or information about Covid-19 Pandemic and maintain confidentiality in not revealing about anyone infected by the Corona Covid 19 including his family and for a direction to the respondents to take strict legal action against persons who are spreading rumors and false information regarding the COVID 19 in Social Media.

2. According to the petitioner, there are repeated news items in print as well as visual media stating among other things that certain persons who belong to a particular religion and who attended the conference at Delhi found to be affected by Covid-19, Pandemic and the names of the persons were published without their consent and without any authority and on account of the said fact they have faced social stigma. The petitioner also pointed out that especially Muslims are worstly affected, though their family members volunteered themselves for checkup and returned home after being tested negative in the Corona Covid-19 test.

3. The learned counsel for the petitioner would submit that printing and visual media had acted contrary to TRAI Rules and other transmission laws and in contravention with Press & Registration of Books Act 1867 and further, on account of the dissemination of false information it would definitely lead to enmity towards the persons of a particular religion and hence prays for appropriate orders.

4. This Court heard the submissions of the learned counsel appearing for the petitioner as well as the learned Special Government Pleader who accepts notice on behalf of the respondents 1 and 2.

5. Ministry of Health and Family Welfare, Government of India has issued summary of guidelines for Covid-19 andit is relevant to extract Source 36:

“Source 36:Ministry of Information & Broadcasting, ID: 1610111 on 1stApril 2020

Don’t disseminate unverified news capable of causing panic: SC to Media

The Supreme Court of India has directed the Media, including print, electronic and social media, to maintain a strong sense of responsibility and ensure that unverified news capable of causing panic is not disseminated.”

6. The petitioner, who claims to be the pracising advocate is of the view that the press and media had to act irrespectively but have acted contrary to TRAI Rules and other transmission laws and in contravention with Press & Registration of Books Act, 1867. There are limitations available for the press media in the fact of supply of information, which can be gone into by the Press Council of India and appropriate action can be taken. Apart from that there are legal remedies available by way of filing a Suit for defamation as well as criminal prosecution under Sections 499 and 500 of I.P.C.

7. As far as visual media is concerned, there are no regulation in force except self-regulation. There are no laws available as on today. In the Press and Registration of Books ACT, 1867, sufficient regulations were placed. If the petitioner is so aggrieved it is open to the petitioner to approach the Press council of India and News Broad Casting St