Karnataka High Court Orders Media Houses To Comply With Cable TV Act While Carrying Out 'Sting Operations', Approval Of Editorial Head Must

The Karnataka High Court has said that sting operations if conducted henceforth by media houses will have to be in strict consonance with provisions of the Cable Television Networks (Regulation) Act, 1995.

A single judge bench of Justice M Nagaprasanna upheld the validity of the sting operations carried out by Power TV on 8 Traffic Police Inspectors and 3 Assistant Commissioners of Police, which has recorded them as accepting bribes in return of official favours. It however obliterated the sting carried out where money is thrust upon a public servants of another department.

The bench said, “The role and responsibility of the media in a democratic set up is imperative. But, imperativeness sometimes cannot be stretched for entrapping any person into a crime or luring any person into a crime which otherwise he would not have committed. Such actions are to be permitted only if they are in consonance with law. Therefore, ‘sting operations are healthy; but they should be healthy sting operations’, healthy I mean, they should be in accordance with law.”

Referring to the Guidelines formulated by the News Broadcasting Standards Authority and Journalistic Conduct covering guidelines for sting operations as prepared by The Press Council of India, the court said,

“What would emerge from the guidelines of the News Broadcasting Standards Authority is that sting operation must not offend against the provisions of Section 5 of the 1995 Act and the Rules framed there under. Therefore, the sting operations will have to be in consonance with the Networks Act as well.”

Further it said, “Sting operations henceforth have to be in strict compliance with the guidelines. The guidelines mandate that no sting operation shall be conducted except with the previous approval and under the supervision of the head of the editorial team of the news channel and sting operations could be conducted for two reasons – in public interest and to expose wrong doing.”

It added, “Therefore, the media pursuant to whose actions the present crimes are registered are required to be encouraged following of guidelines quoted supra while conduct of any sting operation is imperative, failing which, such sting operations cannot but be termed to be illegal and contrary to law unless justified on a case to case basis.”

Appearance: Senior Advocates Sandesh J. Chouta, M.S. Bhagwat, D.R.Ravishankar, for petitioners

Special Public Prosecutor B.B. Patil, for Karnataka Lokayukta a/w Advocate Srikanth Patil.K. Advocate K N Jagadish Kumar for R2.

Citation No. 2023 LiveLaw (Kar) 423

Case Title: Ashok M.S & Others And The Anti Corruption Bureau & Others

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