Madras High Court Restrains Media From Revealing Identity Of Victims Of Sexual Violence, Publishing Depositions Given In Trial

The court observed that publishing such details would have an intimidating effect on the victim and would consequently lead the offenders to walk free. Thus, even though media thrives on ratings, it should not play with the lives of the people. Justice Dhandapani thus observed,

True it is that the print and electronic media thrive on the pulse of the people and the news which they take to its citizens at the earliest point of time, determines their place and rating in the league, but that cannot be the basis to play with the lives and liberties of the citizens and equally with the justice delivery system, which is the ultimate saviour of the common man.

The court also made it clear that any infraction would entail severe consequences and directed the registry to communicate the order to the Press Council of India and the State Press Council for circulation.

It is made clear that any infraction by the print or electronic media of the aforesaid directions would entail in severe action being initiated by this Court against the said entity.. Registry is directed to communicate a copy of this order to the Press Council of India, New Delhi and also to the State Press Council, Chennai, for being circulated among all the print and electronic media in the country.

The court was hearing a plea to restrain all forms of Media from effecting publication/disclosure of details of rape victims during the trial of a 2019 rape case. The plea also sought to take stringent action against "Nakheeran Magazine" for revealing the identity and photograph of the victim.

Although the plea also sought for seizing the circulations, the court opined that the prayer was no longer beneficial as it has already reached the eyes of the common man.

The mark that it has made in the minds of the public as also the victims and the witnesses cannot be erased by this Court merely by ordering seizure of the publications as by now the damage has already been caused by the publication of the news, which, this Court, had felt, that the Press, in its wisdom, would not publish. But the wisdom of the weekly magazine 'Nakkheeran' is writ large in the publication made by it. Therefore, no useful purpose would be served in granting any relief insofar as the third limb of the prayer is concerned.

The court, however, observed that the magazine had published materials that the court had directed to be kept within a closed sphere. It gave details of the deposition of the victims thereby putting their lives in peril. Such publication was not only in bad taste but against the spirit of the order of the court and was a direct interference in the dispensation of justice.

The court thus suo motu impleaded "Nakkeeran Publications" and its editor Nakheeran Gopal as party to the proceedings.

Also Read : Hold In-Camera Trial In All Sexual Harassment Cases, Apart From Rape Cases; Disallow Questions On Sexual History : Supreme Court To Trial Courts

Click here to read/download the order