Lawstreet Journal

Court cannot frame guidelines to regulate media: Kerala High Court [READ ORDER]

Lawstreet Journal 28 Aug 2020 1:59am

Image courtesy: Lawstreet Journal Judiciary Court cannot frame guidelines to regulate media: Kerala High Court [READ ORDER]

On Friday, the Kerala High Court dismissed a PIL petition moved by a lawyer who sought for the framing of guidelines to regulate print and electronic media (Halvi KS v. State of Kerala and ors). "Considering the facts and circumstances and the law discussed above, we have no hesitation to hold that a public interest litigation to frame guidelines to restrict the media on the basis of the allegations made in the writ petition cannot be entertained and no guidelines can be framed... ", the Court said.

The lawyer-petitioner had raised concern over the rise in unresearched news, targeted reporting of sensational news, and the vilification of public and political functionaries without factual basis. He prayed for guidelines from the Court to safeguard the right of the public to be informed. The coverage of the Kerala gold smuggling case in Malayalam media was specifically referenced. The petitioner had asserted that democracy may crumble at the hands of some unscrupulous media personnel functioning under the guise of journalism unless necessary intervention is made to prevent the same. After an elaborate discussion on the Press rights as an aspect of the right to free speech, a Bench of Chief Justice S Manikumar and Justice Shaji P Chaly found that the Court could not frame guidelines to regulate what is broadcasted or published.

 In doing so, the High Court referred to the Supreme Court’s ruling in Sahara India Real Estate Corporation v. SEBI, where the Bench had refrained from imposing any general guideline for the prior… Continue Reading...

Tagged: kerala high court  
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