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Refrain from ‘media trial’, freedom of speech should not violate Right to Privacy: Kerala HC
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Refrain from ‘media trial’, freedom of speech should not violate Right to Privacy: Kerala HC

Kochi: The Kerala High Court ruled that while freedom of speech and expression is a protected right for the press, it must not infringe on the rights of individuals to dignity, reputation and privacy – especially in reporting on criminal investigations or pending cases in court. .

The five-judge bench, including Justices AK Jayasankaran Nambiar, Kauser Edappagath, Mohammed Nias CP, CS Sudha and Syam Kumar VM, pointed out that “press freedom is not a license to interfere with the justice system”. They specified that the press cannot act as investigators, prosecutors or judges, prejudging the official verdicts before the judicial process is completed.

The court noted that restricting media reports during criminal trials is permissible to uphold judicial integrity and protect the rights of the accused. In its 69-page ruling, the court pointed out that while the press has the right to truthfully report on criminal cases, any reporting that is false, distorted or unprofessional and that compromises due process or harms reputation, dignity or privacy . parties involved, would be outside constitutional protection.

The Court also stated that the responsibility rests with the media to self-regulate and refrain from “media trials” that could prejudice due process rights or violate the privacy and dignity of those involved. Media representations that suggest guilt or innocence before a court decision are, according to the court, “a serious violation of the right of the accused, the victim and witnesses to a fair trial” and constitute interference with the administration of justice.

The High Court’s decision serves as a guide for the press on the limits of their freedom when covering criminal cases. “Adherence to this legal framework,” the court said, “would foster responsible journalism and help protect the fundamental rights of individuals.”