Freedom Of Press May Not Include Sting Operations In All Cases: Kerala High Court

The Kerala High Court has ruled that "freedom of the press" may not include sting operations in all cases but those done by recognised media persons can be considered differently, given their role as the "Fourth Estate" in a democracy.

The ruling came as the court heard a petition by two media persons of the Reporter TV channel, accused of trying to conduct a sting operation in jail after they met an imprisoned member of the personal staff of late Chief Minister Oommen Chandy (2011-16) undergoing his term in a case related to the infamous solar scam, seeking to quash the final report filed by the police against them.

The court pointed out that the press have to be bonafide and vigilant while conducting sting operations and their intention should be to promote democracy and not to harass or humiliate anyone.

"…'sting operation' by a law enforcement agency and recognised media people is to be viewed from a different angle. But there cannot be any uniform rule that all 'sting operations' conducted by the law enforcement agency and media are to be legalised. It is to be decided based on the facts in each case. If the sting operation is done by the press with any mala fide intention or to target a person individually and to humiliate him, there will not be any backing of the law to the media person for such sting operation and the reporting based on such 'sting operation'. But if the 'sting operation' is to find out the truth and to convey the same to the citizen, without any malafide intention, the press is exempted from prosecution for such 'sting operation'. But the press should act with bonafide and their aim should be only to promote the democracy and their intention should be to find out the truth and not to harass or humiliate any person or any section of people or the government," it said.

The court further pointed out that "the Fourth Estate is holding those in power accountable by investigating and exposing corruption, abuse of power, and wrongdoing".

"They provide a platform for diverse perspectives giving way to various opinions, views and interests. The Fourth Estate informs the public by reporting accurate and unbiased information enabling them to make informed decisions. The Fourth Estate is acting as a watchdog overseeing government actions, policies, and decisions. The Fourth Estate is also facilitating public debates and discussions and encouraging dialogue and scrutiny of important issues. The Fourth Estate is supporting transparency and accountability, shedding light on government activities, and promoting openness and good governance. The Fourth Estate is also empowering the citizens by providing information enabling them to participate actively in the democratic process," it added.

The court held that the two media personnel, due to their over-enthusiasm, used their mobile phones in prison to try to get information from a witness of a sensational case, but were unable to record this since they were restrained from using mobile phones by prison officers.

It was of the view that there was no reason to go forward with the prosecution against the two media personnel since their intent was only to get news information and not to violate the law and quashed all proceedings against them.

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