Freedom of media is not a license to determine guilt in cases, important comment of Kerala High Court

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Freedom of media is not a license to determine guilt in cases, important comment of Kerala High Court

ANI

The High Court pointed out that the trial conducted by the media could unfairly influence public opinion and lead to pre-judgment of the suspects, effectively acting as a kangaroo court. The judgment was issued in response to three writ petitions seeking to restrict media powers in covering active investigations and ongoing trials. Due to concerns over the media trial, these petitions were referred to a larger bench in 2018, following an earlier decision of the High Court.

The Kerala High Court ruled that media outlets should refrain from impersonating investigative or judicial officers while reporting on ongoing investigations or criminal cases. A five-judge bench comprising Justices AK Jaishankaran Nambiar, Kausar Edappagath, Mohammed Nias CP, CS Sudha and Shyam Kumar VK asserted: “Whereas freedom of speech and expression under Article 19(1)(a) was fundamental. The media is not given license to make statements on the guilt or innocence of an accused before the legal authorities arrive at a decision. The bench also said in the judgment that unrestricted reporting could lead to bias in opinion and public distrust in judicial outcomes.

The High Court pointed out that the trial conducted by the media could unfairly influence public opinion and lead to pre-judgment of the suspects, effectively acting as a kangaroo court. The judgment was issued in response to three writ petitions seeking to restrict media powers in covering active investigations and ongoing trials. Due to concerns over the media trial, these petitions were referred to a larger bench in 2018, following an earlier decision of the High Court.

The court underlined that the freedom of expression granted to the media is subject to reasonable restrictions, especially when it conflicts with an individual’s right to privacy and dignity under Article 21 of the Constitution. The court emphasized that although the media has the right to report facts, it must exercise caution and refrain from expressing definitive opinions on matters still under investigation. Judges warned that doing so not only violates the rights of the accused, but also risks undermining public confidence if the judicial outcome later differs from media portrayal.

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