Media must exercise utmost caution before publishing any statement, news or opinion: SC
New Delhi (PTI): The Supreme Court has said persons working in key positions in the media must exercise utmost caution and responsibility before publishing any statements, news, or opinions and observed the right to freedom of speech and expression was paramount.
A bench of Justices J B Pardiwala and R Mahadevan reiterated that the power of the media in shaping public opinion was significant and the press possessed the ability to influence public sentiments and alter perceptions, with remarkable speed.
The bench's observation came when it quashed a defamation case against English daily Times of India's editorial director and other journalists, who were accused of publishing alleged defamatory contents over the authenticity of certain paintings to be auctioned by Bid & Hammer - Fine Art Auctioneers.
"We find it necessary to emphasise that right to freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution of India is paramount. At the same time, it is reiterated that those working in the media, particularly, individuals in key positions, authors, etc., must exercise utmost caution and responsibility before publishing any statements, news, or opinions," the bench said in its February 18 judgement.
The top court quoted English writer Bulwer Lytton as saying, “The pen is mightier than the sword”.
Given the vast reach, the court said, a single article or report could resonate with millions, shaping their beliefs and judgments.
It has the capability to cause severe damage to the reputation of those concerned, with consequences that may be far-reaching and enduring, it added.
"This highlights the critical need for accuracy and fairness in media reporting, especially when dealing with matters having the potential to impact the integrity of individuals or institutions. Keeping these aspects in mind, publication of the news articles must be done in public interest and with good faith," said the bench.
The top court was hearing an appeal filed by the journalists against a Karnataka High Court order, which dismissed their petition challenging the initiation of the criminal proceedings against them.
The were facing charges of under Sections 499 (defamation) and 500 (punishment for defamation) of the IPC.
The complainant (art auction house) alleged that the defamatory news item that was printed, published and circulated by all the accused persons had caused readers to view the complainant with suspicion and also fostered an unjustifiable and unfounded public opinion that its works offered for sale through public auctions could be fake.
The top court however observed procedural irregularities in the magistrate’s summoning order and said the complainant failed to produce any witness to prima facie establish the alleged imputations had lowered its reputation.
"No material has also been placed before us to suggest that the auction was unsuccessful or that any damage or loss was actually caused, due to the alleged news articles published in the newspapers," it said.
The bench added, "Irrespective of the same, at this stage, remanding the matter for fresh examination of witnesses before issuance of summons would serve no useful purpose, given the remote likelihood of securing witnesses. It would only prolong the litigation yielding little to no benefit especially, since the auction has already concluded and more than a decade has passed."
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Will vacate one of two assembly seats won in 10 days: BJP''s Suvendu
Kolkata (PTI): BJP leader Suvendu Adhikari, who defeated West Bengal Chief Minister Mamata Banerjee in Bhabanipur and secured Nandigram for three times in a row in the recent assembly polls, said on Wednesday that he would vacate one of the two constituencies within 10 days.
Adhikari also asserted that the party's central leadership would decide which constituency he would retain.
"I will vacate one seat within 10 days. The party will decide which one I retain. I will not forget my responsibility towards the people of Bhabanipur and Nandigram," he said.
Adhikari on Monday defeated Banerjee in Bhabanipur by over 15,000 votes, puncturing what was long seen as her safest political refuge and delivering a decisive psychological blow to the TMC, amid a sweeping BJP surge across West Bengal.
Addressing party workers and supporters in Nandigram in Purba Medinipur district, the BJP leader appealed to them not to take out victory processions immediately and instead maintain peace.
"Do not take out victory rallies now. Maintain peace and discipline. Celebrate after May 9, after taking permission," he told party workers.
State BJP president Samik Bhattacharya on Wednesday announced that the oath-taking ceremony of the new government will be held on May 9 at Brigade Parade Ground.
Referring to alleged attacks on BJP workers during the TMC regime, Adhikari said he would not forget the “atrocities" faced by them and assured them of taking appropriate action against perpetrators through legal processes.
"I was part of the 2011 ‘poribartan’ (change), and now I am part of the real change. I offer my gratitude to the people of Nandigram," Adhikari said.
He was referring to the TMC's victory in 2011 when the Mamata Banerjee party dismantled the 34-year Left Front regime in the state.
Adhikari offered prayers at a Hanuman statue in Nandigram and remembered the BJP workers, who had died in political violence.
"We will work in such a way that the BJP government in Bengal stays for 100 years," he said, expressing hope that the BJP’s vote share in the state would rise from the current 46 per cent to 60 per cent in future elections.
The BJP leader also assured residents of Nandigram of improved drinking water supply and better hospital and education infrastructure.
