Publications On Public Life Of Public Figures Can't Be Stopped Unless They Amount To Harassment/ Privacy Invasion: Delhi HC In Mahua Moitra's Case

The Delhi High Court has observed that publications on public life of public personalities cannot be stopped either by the Government or judicial orders, unless they amount to harassment and invasion in private life of such public figures.

Justice Subramonium Prasad added that the people are entitled to know about any news regarding the public figures.

The court said that accountability of public personalities towards the society is higher and they are subject to a higher level of public gaze and scrutiny.

“It is well settled that modern communication mediums advance public interest by informing the public of the events and developments that takes place in a democratic set-up. Dissemination of news and views for popular consumption is a must and any attempt to deny the same has always frowned upon by Courts,” the court said.

It added: “It is also equally well settled that freedom of speech and expression guaranteed under Article 19(1)(a) includes freedom of press and communication needs in a democratic society i.e., the right to be informed and the right to inform, however, not at the cost of right to privacy.”

The court made the observations while dismissing the plea moved by Trinamool Congress leader Mahua Moitra seeking to restrain the Enforcement Directorate (ED) from leaking any “confidential or unverified information” to the media in relation to the investigation against her under the Foreign Exchange Management Act, 1999 (FEMA).

Moitra had also sought to restrain 19 media houses from publishing and circulating any unverified, unconfirmed, false, derogatory content in relation to the pending investigation against her.

Some of the media houses included ANI, Hindustan Times, Indian Express, Times of India, India Today, NDTV, The Hindu, The Print etc.

Justice Prasad said that the newspaper cuttings referred by Moitra do not deal with her private life but are only reportings regarding the investigation that is being conducted against her, who is a public figure and same is unrelated to her private life.

The court said that there is nothing in the news articles which would have the effect of invading into her privacy or tend to impair the impartiality of the investigation or that it can have the effect of prejudicing the trial in the event it is initiated.

In view of the statement made by ED's counsel that Union Government's Advisory on Media Policy has and is being followed, the court said:

“…this Court is of the opinion that the reliefs as sought for by the Petitioner by way of the present writ petition need not be granted at this stage. In view of the above, the writ petition is dismissed.”

The court said that members of Electronic Media have come out with a self- regulatory mechanism and have laid down the Code of Ethics and Broadcasting Standards and some of the provisions include Impartiality and objectivity in reporting, ensuring neutrality and privacy of the persons involved.

“The Respondents No.3 to 21 are bound by the Code of Ethics and no further Orders need to be passed regulating them further,” it said.

Moitra was expelled from the Lok Sabha in December last year following the Ethics panel's determination of her guilt in the 'cash-for-query' case. ED issued summons to Moitra under FEMA on February 14 and 20.

Title: MAHUA MOITRA v. DIRECTORATE OF ENFORCEMENT & ORS.

Citation: 2024 LiveLaw (Del) 204

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