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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...

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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...

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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...

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Lines of control

-The Indian Express Concerned about instances of reporting that breached confidentiality and threatened to hurt litigants, the Supreme Court has been, for a while, contemplating the way to regulate the journalistic coverage of ongoing cases. While the court has done well to refuse to lay down any overarching rule for all sub-judice cases, it did make a significant and troubling change by allowing a case-by-case appeal for postponing media coverage. Essentially,...

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A judgement & some worries

-Live Mint The judgement whittles down an already embattled freedom available to the Press  In an important judgement it delivered on Tuesday, the Supreme Court has institutionalized the power to temporarily prohibit the Press from reporting court proceedings in case it interferes with the right to a free and fair trial. While the court shied from prescribing guidelines for the Press on court reporting, in the same breath it allowed individuals and companies...

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