Media required to show utmost restraint, society believes news as gospel truth: Karnataka High Court

The Karnataka High Court recently observed that individuals responsible for managing print and electronic media must exercise caution and refrain from inappropriate or defamatory language while presenting news content. [Lok Shikshan Trust & Ors v Davalsab & Ors].Notably, Justice V Srishananda noted that a large part of society believes that a news item published in a newspaper is the gospel truth. As such, utmost restraint has to be shown by the media before using unparliamentary or defamatory words in news reports, the Court said. ."Even today, major section of the society believe that the news item published in the newspaper as gospel truth without even looking for corroboration or verification. When such is the confidence that has been reposed by the general public of the country in media, the role of the persons who handle print and electronic media are required to show utmost restraint in using unparliamentarily or defamatory words while reporting the news item," the Court's order stated..Members of the print and electronic media are expected to carry news items in a most decent manner, the Court added.In this case, the judge also criticised the media outlets before the Court for using words such as 'Taliban', 'Goonda', 'Pundatike' while referring to the lawyer community in certain news reports. Such terms are intolerable and beyond the scope of the guidelines issued by the Press Council of India, the Court said."It is often said that the print and electronic media/journalists form 4th pillar of democracy. If they claim so, they should work and act in that regard with utmost care and caution. Publication of news item has got wide implication on the society at large," the Court observed.The Court opined that those overseeing print and electronic media reportage, including Editors or Chief Editors, should devote their attention to accomplishing this objective. .The judge further remarked that it is high time that courts exercise their supervisory jurisdiction over print and electronic media when the occasion demands it on account of the media falling short of such standards.The case before the Court had its origins in a 2012 clash between lawyers, police officers, the media, and others at the premises of the Bengaluru Civil Court. Following this, advocates' associations throughout Karnataka passed a resolution stating that lawyers would not appear for journalists charged with criminal cases.The matter escalated and was raised in the State Legislative Assembly, where a member criticized the advocates' association resolution as displaying a 'Taliban Mentality'. The media, in turn, were stated to have used inappropriate language while covering the legislative assembly proceedings, including by labeling the entire advocates' community as having a 'Goonda Mentality'..This prompted a practicing advocate, Davalsab Nadaf, to file a private complaint against media outlets that carried such reports. The case was pending trial when four petitions were filed before the High Court by certain daily newspapers (petitioners) namely, 'Lok Shikshan Trust', 'Samyukta Karnataka', 'Hosadiganta', 'Navodaya' and 'Kittur Karnataka'. The petitioners expressed regret for their publications and urged the Court to quash the criminal case against them. Their counsel added that there was no deliberate intention on their part to defame the advocate community. .After taking note of their remorse, the Court ultimately quashed the criminal proceedings."Taking note of the fact that the matter is pending for more than ten years before the trial Magistrate not progressed for one reason or the other, in view of the remorse being expressed by the petitioners in the form of affidavits, this Court deem it fit to accept the affidavits and quash the pending proceedings insofar as petitioners are concerned," the Court said. .Advocate KL Patil represented the media outlets while advocate Sadiq N Goodwala represented the complainant, Davalsab Nadaf..[Read Order]