-Live Mint India, with its myriad ethnic and religious groups, has more legal speech restrictions than other democratic nations Freedom of speech is impossible to agree about. While hardly anyone will dispute that freedom of expression is essential for a democratic society and an effective free market, almost no one will be able to agree about exactly where to draw the line. In one corner, fighting for unbridled expression in various degrees, you...
More »SEARCH RESULT
Tilting the balance
-The Business Standard SC's order on trial coverage is prone to misuse The Supreme Court has ruled that if publishing news concerning a trial creates “a real and substantial risk of prejudice to the proper administration of justice or to the fairness of trial”, the court could allow a postponement of its publication through an appropriate order. The order was passed on complaints that had alleged breach of confidentiality during the...
More »Don’t compromise open justice
-The Hindu We live in a legal environment where the rule of sub judice is regarded as an anachronism, emanating from a time when all trials were decided by jurors susceptible to influence by what was published in the press. By and large, the law of sub judice, which regulates the dissemination of matter under the consideration of the court, is a dead letter. In such a context, the Supreme Court’s...
More »SC lays down new media coverage doctrine-Kian Ganz and Shuchi Bansal
-Live Mint Court says aggrieved party can seek temporary postponement of a matter by moving the appropriate court Mumbai/New Delhi: The good news for those who deal in news is that the Supreme Court decided against framing guidelines for covering so-called sub judice matters, or those before the courts. The bad news is that by delivering what some analysts are calling an ambiguous judgement, the apex court may have well made it easier...
More »SC puts curbs on court reporting -Utkarsh Anand
-The Indian Express The Supreme Court on Tuesday allowed the media to be partially restrained while reporting judicial proceedings by drawing a “Lakshman rekha” for what it called balancing the freedom of expression and a fair trial. But the apex court refused to impose blanket restrictions saying guidelines on reporting cannot be framed across the board. The court laid down the partial line of restraint through the principle of “postponement of publication”,...
More »