MP Court convicts publisher, journalists for revealing minor rape victim's identity in news report

A trial court in Madhya Pradesh has sentenced a publisher and three journalists to one year in prison for publishing the photograph and name of a four-year-old victim of rape and murder, thereby revealing her identity..The court has sentenced all four accused - the publisher, Ruparam, a reporter, Krishnapal and two editors, Amit and Jinesh of the Rajasthan Patrika - to one year in prison each and imposed a fine of ₹22,000 (each).The trial court found that the act of the accused violated Section 23 of the Protection of Children from Sexual Offences Act (POCSO Act), 2012 and Section 228A of the Indian Penal Code (IPC). These provisions prohibit the publication of names or any other details that reveals the identity of rape victims. The aim is to ensure that the victims' privacy is not violated and their identity remains confidential. Additionally, Section 74 of the Juvenile Justice (Care and Protection of Children) Act prohibits the publication of the name or personal details of any child in conflict with the law or any child in need of care and protection. Special Judge Reshmi Walter found that the prosecution had successfully proven that the accused journalists and publisher had violated these laws when the victim's name and photo were published in their 2019 report."The prosecution has been successful in proving that the accused on 09.04.2019 ... printed and published the photo and name of the victim by which she was identified in the Patrika newspaper," the Court said in its August 26 ruling. .The case concerns a newspaper report published on April 9, 2019, which included details of three cases involving minor victims. One of the cases concerned a four-year-old minor rape victim who was murdered, whose name and photo were also included. The counsel representing the newspaper's publisher and its journalists told the Court that the publication of the minor victim's photo and the accompanying news report was only intended to raise awareness about sexual crimes against children and women.There was no intention to violate the law and none of the accused had any prior criminal records, the counsel argued while urging for a lenient sentence. The prosecution, however, called for a harsh punishment. .The court eventually sentenced all four accused to a year in prison. It also rejected the argument that the news report was published at the request of an NGO and that, Section 228-A of the IPC allows for the disclosure of a victim’s identity if it is requested by a recognized institution for social welfare purposes..[Read Order]