Journalists conducting stings without mala fide intent cannot be prosecuted: Kerala HC [Read Order]

Kerala: The High Court of Kerala has delivered a significant order quashing criminal proceedings against two journalists who attempted to conduct a sting operation in a district jail, emphasizing the importance of press freedom and responsible journalism.

Justice P.V. Kunhikrishnan dismissed the criminal case against the two journalists, who were charged under Sections 86 and 87 of the Kerala Prisons and Correctional Services (Management) Act 2010 for attempting to record a statement from a prisoner using a mobile phone.

The court noted that the petitioners, who work for Reporter TV Channel, had entered the Pathanamthitta District Jail with permission to visit an undertrial prisoner named Joppan, who was accused in a case known as the “solar scam.”

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Discussing the role of media in democracy, the court observed, “The press is known as the ‘fourth estate.’ It is also known as the ‘fourth pillar’ in a democratic society… The fourth estate is essential to a healthy democracy, ensuring that power is not abused and that citizens are well informed and engaged in the democratic process.”

The court also referenced a famous quote about the power of the press, noting, “‘The pen is mightier than the sword because it has the power to change minds and shape the world,’” written by the English author and playwright Edward Bulwer-Lytton in 1839 for his play ‘Richelieu.’ However, the court emphasized that this power comes with great responsibility, cautioning that “while using the pen, the media should exercise extreme caution as even a tiny error in reporting could impact an individual’s privacy or the constitutional rights guaranteed to the populace.”

Additionally, while referring to a catena of decided cases from the Supreme Court, the court elaborated on the concept of sting operations by the media and held that, “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.’”

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Expressing its view on balancing press freedom with legal compliance, the court stated, “Therefore, the freedom of the press may not include the ‘sting operation’ in all situations. Whether a ‘sting operation’ was to find out the truth and to communicate the same to the citizen has to be decided based on the facts of each case and of course, it will be scrutinized by the judiciary.”

The court found that in this case, the journalists had entered the jail with permission and attempted to record a statement due to “over-enthusiasm” regarding a sensational case. Since jail authorities detected and stopped the attempt before any recording was made, the court held that continuing prosecution was unnecessary.

In conclusion, the court allowed the petition and quashed the proceedings pending against the petitioners, stating that the act of the petitioners was only with the intention to get news and there was no intentional act to violate the law.

 [Read Order]