Cannot regulate freedom of expression of media: High Court

KOCHI: A five-judge bench of the Kerala High Court ruled that the media's right to freedom cannot be regulated by an order. The bench headed by Justice AK Jayashankaran Nambiar said that regulation prescribed by the Constitution can be imposed only in circumstances where national security, integrity, public order, or individual reputation are compromised. The court issued the order disposing of a batch of petitions seeking to define the limits of media freedom and regulate the content of news about the case proceedings.

The petitions were heard by the bench comprising justices AK Jayashankaran Nambiar, Kausar Edappagath, CP Mohammed Niyas, CS Sudha, and VM Shyamkumar. Public activist Dijo Kappan first approached the court in 2014, seeking regulation of media content in criminal cases and other matters. Later, more petitions were filed in the backdrop of disputes between lawyers and media professionals. The court did not intervene in several other demands presented in the petitions, specifically, the request to ensure the accuracy of news reports.

What the High Court said:
- If there's a conflict between media freedom and individual rights, media outlets should self-regulate without compromising constitutional values and fundamental duties.

- The power to adjudicate rests with the courts; no party should express opinions labelling someone guilty or innocent, as such statements won't have constitutional protection.

- Unnecessary interference with the rights of individuals must end

- If rights are violated, individuals have all available avenues to approach courts and seek redress.