In a landmark ruling, the Kerala High Court has asserted that the media’s freedom of speech and expression does not override the individual rights to dignity, reputation, and privacy. The judgment came from a five-judge bench on Thursday, emphasizing that the press cannot assume the roles of investigative agencies or judicial authorities in criminal matters.
The bench, consisting of Justices AK Jayasankaran Nambiar, Kauser Edappagath, Mohammed Nias CP, CS Sudha, and Syam Kumar VM, unanimously stated that media freedom is not a carte blanche to meddle with the justice delivery system. The court highlighted that while the press has constitutional and legal rights to report on criminal trials and investigations accurately, it must not conduct itself in ways that could prejudice a fair trial or infringe upon the involved parties’ dignity and privacy.
Addressing a pivotal issue about the extent of media freedom concerning criminal investigations and ongoing court cases, the court pronounced that any reporting should respect the individual’s right to privacy and adhere to the separation of powers doctrine. The ruling stressed that only a judicial authority could make a final determination regarding guilt or innocence in pending cases.
Furthermore, the bench’s 69-page order clarified that restrictions on media reporting during criminal trials are permissible to uphold the integrity of the judicial process and the rights of the accused. It underscored the importance of responsible journalism and the necessity for the media to self-regulate to prevent overstepping its boundaries.
“Media trials that project a suspect or an accused as guilty or innocent before an official court ruling exceed the limits of ethical caution and fair comment,” the court observed, deeming such actions a severe violation of the right to a fair trial. It added that this not only interferes unduly with the administration of justice but also disrespects the legal legitimacy of lawful investigations.
In its conclusive remarks, the court urged the media to acknowledge its societal responsibilities and to establish a self-imposed ‘Lakshman Rekha,’ thereby ensuring that their reporting does not result in media trials that could adversely affect the fairness of judicial proceedings and the privacy of those involved.
