Kerala HC Ruling Cautions Press Against Conducting 'Media Trials' In Ongoing Cases

The Kerala High Court has ruled that media outlets must refrain from taking on the role of investigative or judicial authorities when reporting on ongoing investigations or criminal cases.

"While freedom of speech and expression under Article 19(1)(a) is fundamental, it does not grant the media a 'licence' to pronounce on an accused's guilt or innocence before legal authorities have reached a verdict," stated a five-judge bench comprising Justices AK Jayasankaran Nambiar, Kauser Edappagath, Mohammed Nias CP, CS Sudha, and Syam Kumar VK.

Photo Credit: https://ecommitteesci.gov.in/division/the-high-court-of-kerala/

The bench further observed that unrestricted reporting could lead to bias in public opinion and erode trust in the judicial process.

The court noted that media trials can unfairly influence public opinion, leading to "pre-judgment" of suspects, thus functioning as a "kangaroo court."

While affirming the media's right to report facts, the court stressed the need for caution, advising the media to refrain from expressing definitive opinions on cases still under investigation. Such actions, the judges warned, not only infringe on the rights of the accused but also risk undermining public trust if the judicial outcome differs from media portrayals.

"It is desirable that the media realise its responsibility to society and draw the 'Lakshman Rekha' themselves without overstepping into the domain of the judiciary and the investigating agency, ensuring that no media trial is undertaken, which causes prejudice to the fair trial and has an adverse impact on the privacy and dignity of the accused and the victim," the bench added.

The court further stated that media trials "exceed the limits of ethical caution and fair comment," often projecting the accused as guilty or innocent before the court delivers its verdict.

This, the bench ruled, amounts to "a gross violation of the right of the accused, victim, and witnesses to a fair trial" as guaranteed under the Constitution.

This ruling came in response to three writ petitions seeking to restrict media powers in covering active investigations and ongoing trials. These petitions had been referred to a larger bench in 2018, following an earlier High Court decision, due to concerns over "media trials."

In its detailed order, the court emphasised that the media's freedom of expression is subject to reasonable restrictions, particularly when it conflicts with an individual's right to privacy and dignity under Article 21 of the Constitution.