Kerala High Court Calls for Media to Adopt Responsible Journalistic Conduct [Read Judgment]

The Kerala High Court has asked the media to adopt a code of responsible journalistic conduct in reporting hearing of a case since unjustified comments and remarks, often based on the oral remarks made by a judge during hearing, could harm the dignity and reputation of a litigant.

A bench of Justices A K Jayasankaran Nambiar and Mohammed Nias C P made the suggestion while allowing an appeal by Priya Varghese, wife of CPI(M) leader and former Rajya Sabha member K K Ragesh against a single judge's order which quashed her appointment as Associate Professor in Kannur Universitys Malayalam department.

The case drew huge media attention since Varghese's husband is currently acting as Minister Pinarayi Vijayans private secretary.

The matter has also become one of the flash points between the State government and Governor Mohd Arif Khan as allegations were made of violation of norms and political favouritism.

In its judgement, the bench said that frighteningly frequent are the occasions when a decision in academic matters attracts media attention for some reason or the other.

In such circumstances, the court has to deal with the added distraction brought about through incessant newspaper/ channel discussions and overwhelming social media posts, it noted.

It is for this reason that courts have time and again exhorted the print and electronic media to exercise restraint by deferring discussions on matters pending before the court so that the rule of law can be better served by avoiding an obstruction of the course of justice, the bench said.

The court said that the media cannot be unmindful of the harm that is caused to a litigants dignity and reputation through unjustified comments and remarks, often based on the oral remarks made by a judge during the hearing.

"We are of the view that the newly recognised fundamental right to privacy, which takes within its fold the right to protection of ones reputation as well, would merit classification as a fundamental right that protects an individual, not only against arbitrary State action, but also against the actions of other private citizens, such as the press or media," the bench said.

The bench said that even the Chief Justice of India had recently observed that not everything that is said by a judge during the course of interaction with lawyers in the court can be taken as revealing the judges views on the merits of the case.

The court also said that the right to privacy of an individual also includes the right to protection of ones reputation from arbitrary State action, as well as the actions of other private citizens, including the press or media.

We trust, therefore, that the media will take note of these observations and adopt a code of responsible journalistic conduct that will inform news reporting in the days to come, it said.

 [Read Judgment]