Kerala High Court rules media cannot comment on guilt or innocence of accused in ongoing criminal cases.

The Kerala High Court recently ruled that media expressions regarding the guilt or innocence of an accused in an ongoing criminal case are not protected under the right to freedom of speech and expression guaranteed by Article 19(1)(a) of the Indian Constitution. The Court emphasized that only adjudicatory authorities, such as courts, can determine the guilt or innocence of an accused.

The five-judge bench, comprising Justices A.K. Jayasankaran Nambiar, Kauser Edappagath, Mohammed Nias C.P., C.S. Sudha, and Syam Kumar V.M., stated that when an accused person's right to reputation is violated by media reporting, they can approach a constitutional court for redress or compensation. The Court's ruling was based on the need to guide the media in exercising its freedom of speech responsibly, particularly when reporting on criminal investigations or ongoing cases.

The Court observed a conflict between the media’s right to free speech and an individual’s right to dignity and reputation, which is protected under Article 21. In such cases, the media’s freedom must be constrained by the individual's right to a fair reputation and by constitutional principles like separation of powers. Thus, the media's freedom under Article 19(1)(a) is not absolute, especially when it potentially infringes on the fundamental rights of the accused, such as their right to a fair trial.

The Court warned against the media making speculative statements or predictions about the outcome of criminal investigations, as this could influence public opinion and undermine the judicial process. Such reporting could also erode public trust in the judiciary if the final verdict differs from media predictions. The judgment called for responsible journalism, reminding the media to respect the constitutional framework and avoid making personal opinions that could harm an individual’s dignity or affect the fairness of legal proceedings. This ruling aims to protect both the integrity of the justice system and the rights of individuals involved in criminal cases.