HC: Media’s freedom of speech cannot trample right to privacy

PTI Kochi: Kerala High Court on Thursday held that freedom of speech and expression available to the press and media could not trample on the right to dignity, reputation and privacy available to the citizen, especially when reporting about criminal investigations or cases pending before various courts. The ruling was issued by a five-judge bench, which further held that, in the garb of free speech and expression, the media could not be permitted to take upon themselves the role of investigating agencies, prosecutors, and adjudicators in pronouncing persons guilty or innocent, even before lawful investigation was completed. “Restrictions on media reporting during criminal trials are permissible to protect the integrity of the judicial process and the rights of the accused,” the bench said in its 69- page order.

The court was dealing with a question on the scope, content and extent of the right to freedom of speech and expression guaranteed to the press/ media in the context of reporting facts relating to criminal investigations and cases pending adjudicat i o n before various adjudicatory forums. In answer to the question before it, the high court decl a red that while the media’s freedom of speech and expression could not be restricted except by a law made by the legislature, it had to defer to the right to privacy of an individual and the principle of separation of powers especially when reporting on criminal cases and probes.

Therefore, the expression by the media of any definitive opinion regarding the guilt or innocence of a party in a criminal investigation or a case pending adjudication, before an authoritative pronouncement is made by the adjudicatory forum concerned, would not get protection under Article 19(1)(a) (freedom of speech and expression) of the Constitution, the high court said.