No media person should be prosecuted for sting operations conducted to uncover truth: HC

Kochi: In a significant order upholding the freedom of the press, the Kerala High Court has ruled that ‘sting operations’ by the media will not attract prosecution if they are carried out with the intention to uncover the truth and inform the public.  Justice P V Kunhikrishnan issued the order while quashing a case filed against two media persons of the Reporter television channel for attempting to record the statement of a Solar Case accused in Pathanamthitta District Jail with a phone. They were booked under sections 86 and 87 of the Kerala Prisons and Correctional Services (Management) Act 2010 for attempting a sting operation in jail. They had filed a plea in the High Court pleading to quash the criminal prosecution in the case.

While considering their plea, the court said that media organisations will not be eligible for legal immunity in sting operations carried out with the intention of personally maligning individuals. This matter will be judged by the court based on the facts related to each case and the media has to exercise utmost caution in this regard, said Justice Kunhikrishnan.

“'sting operation' by law enforcement agency and recognised media people is to be viewed in a different angle. But, there cannot be any uniform rule that all 'sting operation' conducted by the law enforcement agency and media is to be legalised. It is to be decided based on the facts in each case. If the sting operation is done by the press with any mala fide intention or to target a person individually and to humiliate him, there will not be any backing of law to the media person for such sting operation and the reporting based on such 'sting operation'. 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'. But the press should act with bonafides and their aim should be only to promote the democracy and their intention should be to find out the truth and not to harass or humiliate any person or any section of people or the government,” ruled the court.

The judge also observed that lack of press freedom would be the end of democracy. People have the right to know truth and false. Quoting English dramatist Edward Bulwer-Litton, the court pointed out that the pen is mightier than the sword and advised the media to be careful in their work. Even a minor lapse on the media’s part could damage the privacy and the Constitutional rights of an individual, said the court.

As per the case, the media persons entered District Jail, Pathanamthitta on July 2013 with permission to visit the undertrial prisoner Joppan, an accused in Solar case. The petitioners allegedly recorded his statement with their phone violating the jail rules. They have approached the High Court to quash the final report against them.

The Court stated that prima facie ingredients were satisfied to attract an offence under Section 86. Section 86(2) stipulates conviction for prisoners, visitors, or prison officials found with electronic devices inside the prison contrary to the Act or rules or engaged in manipulating, damaging, or destroying any equipment, electronic or otherwise within the prison. The Section imposes imprisonment for up to two years and a fine of up to Rs 10,000.

However, HC noted that the media persons used their mobile phones in prison to record crucial information from a witness of a sensational case. The Court stated that they were unable to record since they were refrained from using mobile phones by prison officers.

The Court opined that there was no requirement to continue prosecution against petitioners since their intent was only to get news information and not to violate law. Hence, the Court quashed all proceedings against the petitioners.
(With Live Law inputs)