Press can't be prosecuted for sting operations conducted in good faith: Kerala High Court

The Kerala High Court recently quashed criminal proceedings initiated against two reporters for conducting a sting operation in connection with Kerala's sensational solar scam case..While doing so, Justice PV Kunhikrishnan observed that the press may occasionally have to blur the boundary of what is legal to faithfully fulfill their duty of informing the public about how the government of the day is carrying out its business. "The fourth estate is essential to a healthy democracy, ensuring that power is not abused and that the citizens are well informed and engaged in the democratic process. Whether the fourth estate is functioning and following the above principles is a different thing. But to attain the above goals, there may be some activities from their side which is normally not permitted as per law. One of such method used by the fourth estate is ‘sting operation’," the Court said. However, the Court added that whether such sting operations conducted by media and law enforcement agencies can be considered to be legal has to be decided on a case to case basis. If the sting operation was conducted in good faith to find out the truth and communicate the same to the public, it can be exempt from prosecution, the Court held. "If the sting operation is done by the press with any mala fide intention or to target a person individually and to humiliate him, there will not be any backing of law to the media person for such sting operation and the reporting based on such ‘sting operation’. But if the ‘sting operation’ is to find out the truth and to convey the same to the citizen, without any malafide intention, the press is exempted from prosecution for such ‘sting operation’. But the press should act with bonafides and their aim should be only to promote the democracy and their intention should be to find out the truth and not to harass or humiliate any person or any section of people or the government," the Court said..The Court made these observations while considering a petition moved by two media persons attached to Reporter TV channel.They sought quashing of the criminal proceedings initiated against them for allegedly recording a witness in the solar scam case who was in prison at the time, thereby violating Sections Sections 86 & 87 of the Kerala Prisons and Correctional Services (Management) Act 2010.The Court noted that the two media persons were admittedly conducting a sting operation.After finding that the offences alleged were prima facie made out in this case, the Court looked at relevant precedents to identify whether this particular sting operation would amount to an offence..In this case, the Court noted that the two reporters had taken prior permission to enter the prison and that while they attempted to record the witness, they were stopped from doing so by jail authorities. The Court, therefore, deemed it fit to quash the proceedings against the petitioners..The petitioners were represented by advocate CP Udayabhanu.Pubic Prosecutor MP Prasanth appeared for the State. .[Read Judgment]