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LATEST NEWS UPDATES | SC to lay down new guidelines for media-Dhananjay Mahapatra

SC to lay down new guidelines for media-Dhananjay Mahapatra

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published Published on Apr 26, 2012   modified Modified on Apr 26, 2012

The Supreme Court on Wednesday said it would attempt to strike a balance between the right to dignity, reputation and fair trial of the accused with press freedom before laying down principles outlining the contours of Article 19(1)(a) of Constitution guaranteeing right to free speech and expression.

A five-judge constitution bench of Chief Justice S H Kapadia and Justices D K Jain, S S Nijjar, R P Desai and J S Khehar clarified that laying down guidelines for media reporting in sub-judice matters was "a bit of a misnomer".

"We will cull out the principal points from principles (on contours of press freedom) laid down in Supreme Court's judgments and say if you (media) breach it, then you face the consequences," it said during arguments advanced by advocate Gopal Shankarnarayan on behalf of NGO 'Youth For Equality'.

"We want to know as a matter of prevention within what framework we should lay down the guiding principles," the bench asked.

At this point, senior advocate Rajeev Dhavan, appearing for Editor's Guild and Foundation for Media Professionals, sought a clarification from the court whether stretching of the issue to such an extent was permissible in a suo motu proceeding.

The bench objected to Dhavan's reference to the proceedings as suo motu and said it was being conducted only on receiving a written application from Sahara, which wanted framing of guidelines because of publication of leaked privilege communication between two counsel.

The constitution bench said, "We are making it clear that it is not a suo motu matter. The attorney general had said that SEBI wanted to be the applicant for initiating this exercise. I am getting hundreds of letters complaining about violation of rights by media reporting."

Shankarnarayan said keeping in mind the reach of social networks and even lawyers taking news from court rooms to outside computers, it was necessary to devise guidelines that would aim to restrain the person disseminating the information about court proceedings rather than looking only at the publishers of media.


The Times of India, 26 April, 2012, http://timesofindia.indiatimes.com/india/SC-to-lay-down-new-guidelines-for-media/articleshow/12873310.cms


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