Kochi: In a landmark judgment, the Kerala High Court has ruled that the freedom of speech and expression granted to the press must respect the right to dignity, privacy, and reputation afforded to citizens. This decision, issued by a five-judge bench, specifically addresses the role of media in criminal investigations and cases pending before courts.

The bench, comprising justices AK Jayasankaran Nambiar, Kauser Edappagath, Mohammed Nias CP, CS Sudha, and Syam Kumar VM, clarified that "media freedom is not a licence to interfere with the justice delivery system." It underscored that the media could not assume the role of investigating authorities, prosecutors, or judges by declaring suspects as guilty or innocent before a lawful investigation is completed.

Limitations on Reporting During Criminal Trials

The court acknowledged that restrictions on media reporting during criminal proceedings are permissible to protect judicial integrity and the rights of accused individuals. In its 69-page order, the bench stressed that any media reporting on criminal cases must respect the separation of powers, with final judgments left solely to judicial authorities.

Freedom of Expression vs. Right to Privacy

Answering questions on the extent of media rights under freedom of expression, the court highlighted the necessity for balance. It ruled that while the media’s freedom of expression could not be curbed except by legislative law, it must defer to individuals’ right to privacy, particularly in criminal cases.

The judges also stated that although the media has a constitutional right to report accurately on pending criminal trials and investigations, unprofessional reporting that harms fair trials, or damages the reputation, dignity, or privacy of individuals involved, is not protected under the freedom of expression guaranteed by the Constitution.

Media Trials and Fair Trial Rights

The court further warned against "media trials," which it described as harmful to the rights of suspects and victims. Such practices, where the media portrays individuals as guilty or innocent prematurely, constitute a "gross violation" of rights to a fair trial and interfere with justice administration.

It emphasized that definitive opinions from the media on the guilt or innocence of any party involved in ongoing investigations or court cases, before a formal verdict, do not fall under the protection of Article 19(1)(a) (freedom of speech and expression) of the Constitution.

Encouraging Responsible Journalism

In conclusion, the court urged media organisations to exercise restraint, suggesting they draw a “Lakshman Rekha” to avoid overstepping their boundaries and interfering in judicial and investigatory matters. The bench expressed hope that adherence to these guidelines would reduce breaches of individuals' fundamental rights and encourage responsible journalism.

With PTI inputs