Journalistic Freedom Can't Be Curtailed Because Public Officials Feel Offended: P&H High Court

The Punjab and Haryana High Court has said that subjective feelings of a public officer cannot become the benchmark for assessing the legality of State action.Justice Vinod S. Bhardwaj said,“Merely because a person holding a public office feels offended may not be the yardstick on which State action is to be measured. It would also not be influenced by the projections sought to be portrayed by State.”The Court added that, yardstick always has to be that of ordinary prudence and a direct nexus. A remote possibility of some reaction or motivated artificial inflammation of sentiments or such display shall hold such person liable for such action and the criminal liability would not trickle to the authors. The test of conduct of a reasonable person with objective ordinary prudence also lies on the person who sets the criminal law in motion, it added.The observation was made while staying further investigation against law student, journalists and media professionals for publishing a news story relating to helicopter movements allegedly linked to Punjab Chief Minister Bhagwant Singh Mann.The Court said,"Right of reporting as a part of journalistic freedom of speech and expression has arisen much often for consideration before Courts. Much often, criticism and satire is hardly cherished by people holding public office and at some times, the reactions come forth by way of cyber-bullying, sullying or even silencing the critique and criticism."The Court added that while it does feel that social media influences and print/visual media should adhere to the ethics of journalism reflecting commitment to truth, accuracy and independent, impartial reporting and not an unfair, motivational and spread of propaganda, however, the said aspect is yet to be determined in the case. "Issues pertaining to existence of ingredients for prima facie commission of offence are required to be demonstrated. Continuation of criminal process, in the meantime, would prejudice rights of the aggrieved. The same thus needs to be protected at his stage," it said.Title: Manik Goyal v. State of Punjab & AnrMr. R.S. Bains, Sr. Advocate with Mr. Loveneet Thakur, Advocate;Mr. Sarabjot Singh Cheema, Advocate for the petitioner(s).Mr. Chanchal Kumar Singla, Addl. A.G. Punjab with Ms. Ravinder Kaur, Advocate and Mr. Rahul Aryan, Advocate.Click here to read order

Journalistic Freedom Can't Be Curtailed Because Public Officials Feel Offended: P&H High Court

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