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2021 (2) TMI 1373 - HC - Indian LawsRight to fair trial - privacy and dignity of the individual - sovereignty/integrity of the country - whether there could be reasonable restrictions that could be imposed considering the nature of the investigation that is currently taking place? - right to free speech and the right of the public to know - HELD THAT:- This Court has had the opportunity to view the videos, which have been placed on record of News18 and several other materials, which have been revealed from the record including the tweets by of Delhi Police and other publications which are online. There is no doubt that the regulation of content in print and electronic media has been a very contested issue across the world and India is no exception to that. The reasons for the same are not far to seek in as much as content regulation is viewed as being directly affrontive to the Right of free speech. The question that arises is what should be the ad interim directions that ought to be passed, if any, in order to ensure that all the three aspects – the Petitioner’s privacy, dignity and right of fair trial - the sovereignty and integrity of the country - & the right to free speech are equally protected and balanced. The various cases which are placed on record have laid down two principles which are clear that the right of the individual has always to be balanced with the right of the public and the public interest which is involved. The print and electronic media plays a very important role in ensuring that there is no sensationalism and that they adhere to responsible journalism. Recent coverage by the media definitely shows that there is sensationalism. While police briefings and the happenings in Court proceedings etc. can also be broadcasted and disseminated, leaked investigation material ought not to be disseminated so as to prejudice the investigation. The Delhi Police will strictly abide by the affidavit dated 18th February, 2021, which has been filed today as also the Office Memorandum dated 1st April, 2010, which is, admittedly, still in operation. The Delhi Police or other investigation authorities would, however, be, in terms of the said OM, entitled to conduct their briefings in accordance with law so long as no rights of the Petitioner are violated - Media houses shall also ensure that the telecast/broadcast by them is from verified/authenticated sources, though the sources need not be revealed. All disseminated content shall be in strict adherence to the `Programme Code’ as contained in the Cable Television Networks Rules 1994 as also the Code of Ethics & Broadcasting Standards prescribed by the News Broadcasters Association. List the matter for further hearing on 17th March, 2021.
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