'Media Too Has Right To Free Speech': Kerala HC Refuses To Gag Reporting On Wayanad Rehabilitation But Calls For "Responsible Journalistic Conduct"
Tellmy Jolly
10 Oct 2024 1:25 PM IST
After reports purportedly criticizing the Kerala government and State Disaster Management Authority (KSDMA) over quantum of funds put towards rehabilitation process in landslide hit Wayanad, the Kerala High Court has called for responsible journalistic conduct from the media personnel.
Though the Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. refused to pass any gag order, it expressed hope that the media will exercise due care and caution to ensure that rehabilitation efforts are not hampered.
"In the light of the settled law with regard to the right to freedom of speech and expression of media, restrictions over and above what has already been contemplated in Article 19 (2) of the Constitution cannot be imposed on the media. However, we do expect that the media will reserve to responsible journalistic conduct while reporting news about the rehabilitation efforts at Wayanad since there is considerable public interest that is involved in ensuring that the relief and rehabilitation efforts in Wayanad are not hampered either directly or indirectly. We do hope that the media will exercise due care and caution while reporting news with regarding to rehabilitation efforts at Wayanad" Court said.
This comes after KSDMA expressed their concerns regarding "erroneous" news items appearing in print, electronic and social media- exaggerating the funds estimated for relief works, without seeking any clarification from the authorities. KSDMA submitted that such erroneous news would demotivate the team working to rehabilitate Wayanad and sought a direction to restrain the media.
“Nobody consulted us to understand what the the memoranda was….this one instance has made my entire team of disaster management authority, the professionals completely unhappy and we have taken internally a decision to interact with media only when it is utmost essential. We are felling very frustrated, the kind of work we have put in to ensure for the State to get the support have been ridiculed,” KSDMA Secretary appearing virtually submitted.
The estimates submitted to the High Court were recorded in an interim order dated September 06. This followed news reports scrutinizing and questioning the legitimacy of quantum of funds.
Amicus Curiae Renjith Thampan today submitted a report before the Court, stating that media had misused the interim order and deliberately published "half-truths" to malign relief efforts undertaken by the State. The Amicus apprehends that such reports would dissuade contributions towards CM Disaster Relief Fund and State Disaster Mitigation Fund. He further submitted that such fabricated and false news could affect State's relationship with Central government.
Significant to note that the Centre is yet to disburse disaster relief funds to the State. The High Court today sought response from the Central government in this regard. More details here.
Both Advocate General Gopalakrishna Kurup and Amicus thus urged the Court to restrain the media from such reporting that hampers the rehabilitation process in Wayanad.
The Court orally remarked that it expects the media to conduct itself responsibly however, in the same breath it added that it cannot ordinarily curtail their right to free speech, since that will go against the idea of democracy.
Media has got a right…Everybody has got a right to express their opinion…Freedom of speech and expression is so sacrosanct in our country….It is an expression of an opinion by any citizen and that is to be encouraged actually because it is what keeps us all in check….if we say nobody should express their opinion then we will go away from democracy to dictatorship which is not conducive to a democratic republic….You can't expect everyone to say only good things....In fact 90 per cent will say bad things...Please communicate this to your young team also because they are under more severe pressure because of this monster called social media. The kind of things that come there are completely unfiltered, anybody is a journalist. You need a new kind of coping mechanism…”
Case Title: In Re: Prevention And Management Of Natural Disasters In Kerala V State Of Kerala
Case Number: WP(C) 28509/ 2024 & Connected Cases
