'Media trials unfair,' says SC, directs Centre to frame guidelines
The Supreme Court on Wednesday termed the alleged "media trials" of different cases "unfair" and directed the Ministry of Home Affairs (MHA) to frame guidelines for the police to follow during press briefings, Live Law reported. The court said "media trials" allegedly violate the privacy of both victims and complainants. The ministry has been given three months to prepare a detailed manual, with top police officers and the National Human Rights Commission (NHRC) asked to submit suggestions within a month.
'New guidelines must as existing ones over decade old': CJI
A bench led by Chief Justice DY Chandrachud directed the MHA to produce a handbook for police briefing in criminal cases within three months, underscoring the importance of sensitizing police officers. The court sought to ensure that neither party's rights were disadvantaged or infringed. The new rules were also required because the existing ones were nearly a decade old (April 1, 2010), it said, adding that media coverage of crime has evolved hugely since then.
SC says media trial violates privacy of minors
While hearing a 2017 petition, the SC voiced serious worry over "media trials" invading the privacy of victims or complainants, particularly children. The court stressed the importance of protecting the rights of the accused and questioned how police should be educated for media briefings. Referring to lurid media reports in the Aarushi-Hemraj double murder case in Noida, Uttar Pradesh, the court ruled that while the media cannot be prohibited from reporting, the police must be cautious in divulging specifics.
'Balance between fundamental rights, free speech also needed'
The court also reportedly emphasized the delicate balance between the basic right to free speech and expression, the rights of the accused to a fair inquiry, and the privacy of victims. The bench stated that media coverage that implicated an accused was "unfair." "Biased reporting also gives rise to public suspicion that the person has committed an offense. The media reports can also violate the privacy of victims," they said.
Sources of information can be regulated: Advocate Sankaranarayanan
Senior Advocate Gopal Sankaranarayanan, who has been designated by the SC to assist with the matter, said that while the media cannot be retrained, the information providers, which are sometimes government institutions, can be regulated. "Because the source is the state. Even in the Aarushi case, so many versions were given to the media," Sankaranarayanan added. The matter will be heard again in the second week of January when the central government has completed the guidebook.
