The Supreme Court on Wednesday observed that the telecast of the BMW sting operation was in public interest and not a trial by media.
The apex court in fact went a step further and said that a sting or reports on an on-going trial was not illegal. So just what are the implications of the ruling for journalists?
The judgement was against one of India's top criminal lawyers, based on an NDTV expose. R K Anand and I U Khan had challenged the use of hidden cameras and stings, saying any such operation must be cleared by the court first. They also talked of a trial by media. The Supreme Court, however, rejected the observations.
"The sting operation was in public interest and it served an important public purpose," said the court.
"Any attempt to control and regulate the media from outside is likely to cause more harm than good. The norms to regulate the media and to raise its professional standards must come from inside," it added.
"Supreme Court had drawn line for TRP and public interest. Sometime media runs campaign. High profile cases end up in acquittal because witnesses turn hostile. If a sting is for exposing lacunae resulting in acquittals, then it is in the public interest," said Senior Supreme Court lawyer Harish Salve.
Sting operations in India first came into prominence with the dramatic 'Tehelka' tapes. The impact was that it opened the floodgates. And despite the fact that 'Tehelka' faced a long court case and near bankruptcy, TV stings ranged from exposing MPs paid to ask questions in Parliament, an Uttar Pradesh minister smuggling drugs in his car, to illegal mining contractors defying even the Supreme Court's orders on a mining ban in Rajasthan. One of the sting operations also exposed how medical colleges in Maharashtra were taking donations for admissions. Each of them led to crucial changes in the system.
But along with the good came the bad. Political controversy after a sting recorded of the cash-for-votes in Parliament was not aired, because the channel was not convinced of the veracity of the story. And then in September 2007, a sting operation by a private Hindi channel against a Delhi government school teacher accused her of forcing students into prostitution. Enraged parents had attacked her and even set vehicles on fire, but subsequently it was proved the sting was a fake and carried out by the reporter to frame the teacher.
The sting is essentially in the tale. Without hidden cameras, the truth may often remain hidden, and while hidden cameras continue to be a powerful weapon for journalists, its true power rests in using it for the common good.
