HC verdict: Fair use of hidden cameras for sting operations upheld

In the past, cameras were predominantly in the hands of professional photographers and a few enthusiasts who used them out of love and curiosity. Their primary function was to capture occasional family portraits, often taken in front of scenic backdrops such as the Himalayas, the Taj Mahal, or picturesque gardens. These images, proudly displayed at home, represented special moments frozen in time. No one could have imagined that cameras would become an integral part of our daily lives.

Today, cameras are ubiquitous. It is hard to find a person without a camera-equipped device, especially among the younger generation, where taking at least one selfie a day is commonplace. Cameras are now more prevalent than law enforcement in monitoring road violations and are essential in detecting and capturing thieves. A significant difference between humans and cameras is that cameras do not lie. However, in this era of AI technology, humans have begun to teach cameras to manipulate the truth using various techniques. Despite this, cameras continue to play a crucial role in uncovering truths and providing indisputable evidence in many cases.

Courts now accept video footage as valid evidence. The High Court recently ruled that media-conducted sting operations using hidden cameras to uncover the truth are not inherently wrong and should not result in prosecution. Justice PV Kunjikrishnan dismissed the case against news channel workers who attempted to record the statement of an accused in the solar case in Pathanamthitta District Jail. However, the court also noted that sting operations conducted with malicious intent to personally insult someone constitute a crime, even if carried out by the media.

The court emphasized that each case should be decided on its merits and cautioned the media to be prudent while conducting such operations. The court also reiterated that media freedom is essential for democracy. Media that provide real facts enable citizens to participate meaningfully in the democratic process. Exposing corruption or wrongdoing through hidden cameras, while potentially controversial, serves the public interest and is akin to using one thorn to remove another.