Can’t curb media’s right to freedom of speech: HC

Can’t curb media’s right to freedom of speech: HC 

TIMES OF INDIA  AHAMEDABAD 08.11.2024

Kochi : In a landmark judgment, the Kerala high court has held that the media’s right to freedom of speech and expression cannot be restricted except by a law enacted by a competent legislative body, and even then only on the grounds explicitly listed in Article 19(2) of the Constitution, which permits the govt to impose reasonable restrictions on freedom of speech and expression. A larger bench of the high court, comprising Justices A K Jayasankaran Nambiar, Kauser Edappagath, C P MohammedNias, C S Sudha, and V M Syam Kumar, delivered this ruling whileaddressing petitions on the scope and limitations of media freedoms in reporting criminal investigations or cases pending before various courts.

The bench also held that the media’s right to speech and expression is integral to fundamental rights. The bench highlighted that media’s freedom of speech and expression while reporting on criminal investigations or pending cases must respect the principle of separation of powers under the Constitution. This principle, along with the rule of law, dictatesthat a final and authoritative declaration of guilt or innocence is reserved for judicial authorities. Therefore, any definitive media statements about a party’s guilt or innocence before a judicial determination do not fall within the protections provided by the right to speech and expression guaranteed by Article 19(1) (a) of the Constitution. In instances where individuals claim that media actions have infringed, or are likely to infringe, on their right to dignity or reputation, they may seek relief in a constitutional court.