The media have the right to report exchanges during hearings: SC | India News
A bench of judges DY Chandrachud and MR Shah said: “This court is a strong defender of the freedom of the media to report on court proceedings. This, we believe, is an integral part of the freedom of expression of those who speak, of to those who want to listen and be heard and, above all, to make the Judiciary accountable for the values that justify its existence as a constitutional institution. ”
Citing the encouragement that the freedom struggle got from the reporting of the Lokmanya Bal Gangadhar Tilak sedition trial, the court said: “The heart of the matter, which is the first sentence that the EC has raised, that of seeking restraint on the media The basis of their request was that nothing more than what is part of the official judicial file should be denounced. This sentence of the EC violates two fundamental principles guaranteed by the Constitution: open judicial procedures and the fundamental right to freedom of word and expression “.
Importantly, the court raised the issue of live streaming of court proceedings, as is the practice in the Supreme Courts of the United States and the United Kingdom. Judge Chandrachud said that although the SC three years ago in the Swapnil Tripathi case had approved in principle the live broadcast of the SC hearings and suggested the modalities, it still has to implement the same in letter and spirit.
Court orders are important. So are the observations made during the hearings. These days, various online media organizations are also tweeting live remarks. Objecting the news flow in any way would actually mean denying people the right to full information. It is fantastic that the supreme court has accepted the needs of the time.
“Unless live streaming and archiving of court proceedings come to light (three years have passed since the decision in Swapnil Tripathi), the absence of records of oral proceedings will continue to haunt the system,” Judge Chandrachud said as ruled the absence of material. to confirm Madras HC’s alleged hurtful comments against the EC, which were widely reported in the media, causing consternation in the constitutional body in charge of carrying out free and fair elections.
“With the advent of technology, we are seeing the proliferation of reports through social media forums that provide real-time updates to a much wider audience. This is an extension of the freedom of expression that the media possesses. This constitutes a virtual extension of This phenomenon is not cause for apprehension, but a celebration of our constitutional spirit that reinforces the integrity of the judiciary by focusing attention on its functions, “the court said.