Fake News: Karnataka HC directs Registrar General to initiate contempt proceedings against Deccan Herald

The Karnataka High Court today directed its Registrar General to initiate formal contempt proceedings against the Editor and publishers of Deccan Herald for allegedly publishing fake news. The publication has been pulled up for an article with the headline ‘Rs 9 cr seized in raid on judge’ dated December 16.

The story in question had alleged that notices were issued to 48 judicial officers in Karnataka after raids were conducted on their houses. Deccan Herald has since taken down the story and issued an unconditional apology on its website.

During today’s hearing, the Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice Pradeep Singh Yerur declined the unconditional apology tendered by Deccan Herald, stating that the same cannot be accepted as “bonafide”. test

The news article had also claimed that some of the judicial officers were made to compulsory retire following the raids. On this aspect, the Court observed,

“Every recommendation of the Compulsory retirement was sent to the Government. It is a matter of record…You can always verify your information with the RTI.”

After the news was published, it was circulated through social media and cited by various local news channels. The damage done in social media can never be retrieved, the Court noted.

One of the reasons why the Court refused to accept the publications’s apology was the presence of inconsistencies in the affidavit filed by the journalist in question and in the retraction statement that was published by Deccan Herald.

The Court pointed out that in the affidavit filed by the journalist, the source for the information was said to be bonafide and “credible”, whereas in the retraction statement, it was stated that it was an “anonymous informant”.

Appearing for the state, Advocate General Prabhuling Navadgi informed the Court that in two letters dated December 17 and 19, the DSP of the High Court Vigilance team wrote that “no such raid” had taken plac. The DSP further stated that various media news channels even telecasted “visuals” of counting notes at the residence of the judge in the background of the article published by Deccan Herald.

Taking serious note of the above, the Court held that the news and visuals were completely false, and tends to scandalize the administration of the Court. Broadcasting such news amounts to committing criminal contempt, the Court asserted.

The AG further contended further that the “accustomed confidence” of the people in judges will be affected. He said,

“Non-naming of the Judge is much more dangerous. Such false news articles not only affect the dignity of the Judges but also affects the confidence of the people in Courts.”

In the light of the above, the Court directed the Registrar General to initiate formal contempt proceedings seeking action against the Chief Editor of the publication and against various owners/editors of other local news channels that broadcasted false visuals regarding the same.

Observing that a prima facie case of criminal contempt has been made, the Court issued notice in the matter. The next date of hearing in January 8, 2020.

Earlier this week, the High Court had issued notice to Deccan Herald after taking up the matter suo motu.