Karnataka AG proposes guidelines for legal reporters, media coverage of court proceedings [Read memo filed in HC]

Advocate General for Karnataka Prabhuling Navadgi has proposed certain guidelines that may be followed when it comes to media reportage of legal proceedings, both at the trial and appellate level.

A memo to this effect has been filed before the Karnataka High Court by Government Pleader Vikram Huilgol.

The guidelines so proposed include that reporters possess basic legal education, that the media follow a self-imposed ethical code, and that caution be exercised in reporting oral observations made in open Court.

The move comes in the wake of the Karnataka High Court taking suo motu cognisance of an article published recently in the Deccan Herald which wrongly reported that Rs 9 crore was seized from the residence of a City Civil Court judge last month.

The Court had initiated contempt against the media outlet and recommending that measures be carried out to mitigate the harm caused by fake news. The High Court had also appointed AG Navadgi as an amicus curiae to ensure similar incidents do not happen again and to address issues concerning media coverage of Court proceedings.

Consequently, a memo was filed on Friday, with certain guidelines proposed by the AG to address the issue. At the outset, it has been observed in the memo that while reporting on legal proceedings is of immense public importance, such reportage also “sometimes tend to interfere with the free and fair administration of justice.”

The memo adds,

“Moreover, unlike the other pillars of the State, the Hon’ble Judges of the judiciary normally stay aloof and lead private live, which results in them not being able to defend themselves against attacks by the media and the public.“

In this backdrop, and given that a balance must be struck so that media restrictions should not violate the freedom of speech and expression under Section 19 (1) (a) of the Constitution, the AG has proposed that the following reasonable safeguards must be adopted by the Court.

Basic training

• Legal correspondents at the High Court or trial court level must be well-trained in reporting on legal proceedings and must preferably have a basic legal education.

Registration with the High Court

• The designated court reporters must be registered with the Registrar of the High Court.

• Reporters must at all times wear an identifiable badge to be issued after registration with the Registrar of the High Court. The ID would describe the name of the media house the reporter represents, along with a photograph.

Maintain code of ethics

• Court reporters must be government by a self-imposed code of ethics relating to reporting of court proceedings, which would set out broad guidelines that would govern the various aspects of legal reporting.

On reportage of sub-judice proceedings, open Court observations

• As a matter of self-regulation, the media must exercise caution and restrain while reporting on everyday court proceedings since the observations are often made in the Courts that are tentative in nature and do not form the final opinion of the Court.

• Reporters must show restraint while reporting such observations since the wrong message is often portrayed to the public that the Court has already formed an opinion on the case that is sub judice. This causes great prejudice both to the parties and the administration of justice.

• As regards reporting on judgments, the judges themselves can aid the process by certifying whether any judgment pronounced by them can be made available to and reported in the media or not.

• While reporting on ongoing criminal cases, both at the trial and appellate levels, extra precautions must be taken to ensure that such reports on such cases are not speculative, as they would adversely affect the rights of the accused (Including the fundamental right of presumption of innocence) and the prosecution, as well as the fair administration of justice. Reports on such cases must be based only on authenticated court records, while ensuring that extra judicial statements are not published.

Retired judge may enquire into allegations of misreportage

• In cases where there are allegations that any reporter has overstepped his brief, in order to ensure that free, fair, and impartial disciplinary proceedings are conducted, the High Court may consider such matters being referred to a retired Supreme Court/High Court Judge, who will be the enquiring authority.

• The AG has further submitted that, if the High Court so directs, the government would be willing to issue necessary orders in this regard.

[Read the memo]