On one hand, people are demanding that court proceedings be televised LIVE through internet and audio recordings of all Constitutional Bench Case hearings be made available to people through internet, on the other hand, too much media attention on criminal cases, is interfering in administration of justice.
In principle,all the Courts have power to restrain media, in specific cases, from reporting proceedings in certain cases. But to implement this principle is very difficult.
1976 U.S. Supreme Court pondered over these difficulties in case of NEBRASKA PRESS ASSN V. STUART 427 US 539 (1976).
The issue today has become more complicated after arrival of "YOU TUBE" and "PIRATED WEBSITE WHICH ARE BEYOND REACH OF LAW OF ANY COUNTRY".
THE COURTS
2) A court has inherent power to pass order that court proceedings of certain criminal case, i.e. child abuse case, rape case may not be reported by any media or any medium of public broadcast, till the evidence is over.
In principle,all the Courts have power to restrain media, in specific cases, from reporting proceedings in certain cases. But to implement this principle is very difficult.
1976 U.S. Supreme Court pondered over these difficulties in case of NEBRASKA PRESS ASSN V. STUART 427 US 539 (1976).
The issue today has become more complicated after arrival of "YOU TUBE" and "PIRATED WEBSITE WHICH ARE BEYOND REACH OF LAW OF ANY COUNTRY".
SITUATION IN OUR COUNTRY (INDIA)
THE PRESS COUNCILS
1) We have Press Council of India. They have issued guidelines. But what is to be done, if a section of Press knowingly violates these guidelines? And after Twitter and Blog, the millions of users have become "Social Media Press Reporters". How Press Council can guide them all?
1) We have Press Council of India. They have issued guidelines. But what is to be done, if a section of Press knowingly violates these guidelines? And after Twitter and Blog, the millions of users have become "Social Media Press Reporters". How Press Council can guide them all?
THE COURTS
2) A court has inherent power to pass order that court proceedings of certain criminal case, i.e. child abuse case, rape case may not be reported by any media or any medium of public broadcast, till the evidence is over.
But it can do so only,......
a) If there is an application, stating grounds to show that if restrain/ gag order is not passed, fair trial will be prejudiced.
b) Then Applicant will have to show evidence in support of his apprehension that his apprehension are reasonable, some damage has already happened by bad reporting.
c) In any case, proceedings in point a) and point b) above have to be in public. Then only they can bind public in rem.
d) Once reporting of a) and b) above is done, certain damage is bound to happen to accused. But it will be necessary if and order is sought to be in rem, binding on everybody.
Remedy to Press if order is wrongly passed by any court
Any press reporter will have right to challenge such order in immediate superior court.
Remedy to Accused Person, ...... if Press,TV and Social Media reports in defiance of stay/gag order.
He will have mainly two types of formal remedies.
1) To take out contempt proceeding against whoever may have violated order, including against Social Media.
2) To take out damage-proceeding against violators.
If the Offensive Reporting is uploaded through a pirate website, beyond laws of every country, it doesn't matter. Because it is the DOWNLOADING of reporting which makes it offence. Whichever computer or IP number has downloaded contents, will be liable.
Practical Use Of This Law
Most probably, this law will be invoked in rare cases and mostly by rich people. It will be beyond reach of poor accused to take out contempt or damage proceedings against media houses.
So far as poor accused are concerned
There is a saying that God always takes care of the Poor and the Drunkard. He will take their care.
Haresh Raichura
25/4/2012
