The Karnataka High Court recently issued a directions to curb sensationalised media reporting on the murder case against Kannada actor Darshan Thogudeepa [Darshan Srinivas v Union of India & Ors].

Justice Sachin Shankar Magadum passed the ruling on a plea filed by Darshan to curb media trials against him.

In the April 30 verdict, the judge found that the content flagged by Darshan reflected a disturbing trend where the media had made a spectacle of pending court proceedings.

"The broadcast media has gone to the extent of recreating courtroom proceedings, with only the face of the presiding Judge being masked, while the faces of the accused and counsel are openly displayed. Such programmes are telecast on every date of hearing, thereby converting pending judicial proceedings into a form of public spectacle," the Court said.

The Court found that this amounted to a  calculated media-driven adjudication, which could foster a parallel narrative and amount to harmful pre-trial publicity. 

"Such broadcasts, which border on trial by headlines, cannot be countenanced in a system governed by the rule of law, particularly when they are aired in willful disobedience of binding injunctions and in a manner that tends to interfere with the administration of justice," the Court observed.

Media reportage cannot be permitted to supplant judicial determination, the Court added. By virtually staging courtroom scenes and projecting selective narratives, the media risked subverting the due process of law and impaired Darshan’s right to a fair trial, the Court said.

It acknowledged that the freedom of speech is a cherished constitutional value. However, if this freedom is misused, it ceases to be a safeguard of democracy and becomes a threat to it, the Court opined.

"The press is a watchdog, but when it assumes the role of judge, jury and executioner, the rule of law stands imperiled. Courts cannot permit the course of justice to be overshadowed by the glare of studio lights," it added.

It also noted that the High Court has already warned against such sensationalised reporting in a 2024 order. The continued broadcast of such content reflected a blatant disregard for court directions and appeared to amount to contempt of Court, Justice Magadum held.

"The continued broadcast in the teeth of civil court injunctions, orders of this Court and statutory prohibitions amounts to subversion of due process, erosion of adjudicatory neutrality, interference with administration of justice and prima facie contempt of court," the ruling stated.

Justice Magadum criticised the failure of the authorities to act on a complaint made about the issue by the actor as well.

"The failure to act is arbitrary and unsustainable. The material on record discloses prima facie violations of statutory provisions and judicial orders. The ongoing media narrative poses a serious threat to the petitioner’s right to a fair trial under Article 21."

The Court proceeded to direct the State and the Union Ministry of Electronics and Information Technology (MeitY) to take down content against Darshan that was found violating the Programme Code framed under the Cable Television Networks (Regulation) Act, 1995.

The Court has also directed the State and MeitY to impose penalties on erring platforms, suspend or revoke their permissions or licences, and initiate statutory proceedings if required, as permissible in law.

A compliance report of the action taken is to be placed before the Court within 12 weeks.

Darshan Thogudeepa is among the prime accused in the Renukaswamy murder case. 33-year-old Renukaswamy's dead body was found on June 9, 2024. He said to have been attacked after he allegedly sent lewd messages to actor Darshan's partner, Pavithra Gowda, who is also an accused in the murder case.

Darshan, the prime accused, is alleged to have instigated Renukaswamy's murder. Darshan is presently in prison and the murder trial against him is pending.

He had earlier also approached the Court complaining of a media trial against him. Acting on one such plea, the High Court in 2024 had restrained the media from publishing details of the chargesheet filed against Darshan.

[Read Order]