Kerala High Court Quashes POCSO Case Against Asianet Journalists

The Kerala High Court on Friday dismissed a POCSO Act case against six journalists from the Malayalam news channel Asianet. The case was initially lodged due to a broadcast titled ‘Narcotics is a dirty business,’ which was intended to highlight the severe impacts of drug abuse. The prosecution had accused the channel of defaming the Kerala state government and illegally disclosing the identity of a minor sexual assault victim by manipulating her voice in the program.

Justice A Badharudeen ruled that the journalists had altered the victim’s face in the video to protect her identity, thereby not committing the offense under the Protection of Children from Sexual Offences (POCSO) Act as alleged. The court noted that the intention behind using the victim’s voice did not aim to harm or deceive the public, thus dismissing the charges of forgery under the Indian Penal Code (IPC) as well.

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In his judgment, Justice Badharudeen remarked that the video served as a crucial public service alert about the rising drug menace among Kerala’s youth. He pointed out that the program had highlighted the accessibility of drugs near police stations and Excise offices, aiming to prompt societal and governmental action against the drug threat.

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“The effort to address drug abuse and safeguard the youth from its effects should be supported. In this regard, the channel’s initiative is commendable,” stated Justice Badharudeen. He also took the opportunity to comment on the journalistic standards in the media, emphasizing that some outlets often prioritize sensationalism over investigative depth to boost viewership ratings.

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Justice Badharudeen criticized this approach, highlighting the necessity for media to conduct thorough investigations and provide balanced reports to ensure that the public receives accurate information. He underscored the importance of adhering to the moral foundations of journalism and the principles of natural justice by presenting all sides of a story.

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