[Disha Ravi Tool Kit Case] Media Cannot Disseminate Information In Sensationalized Manner: Delhi HC To Channel Editors, Directs Disha Not To Malign Police

The Delhi High Court has held that the recent coverage of the Toolkit case definitely shows there is sensationalized reporting by the media. A Bench of Justice Prathiba Singh directed editors of Times Now, India Today and News18 channel editors to ensure that proper editorial control is exercised while disseminating information to ensure investigation is not hampered.The observation was made while hearing the plea filed by Activist Disha Ravi seeking action against India Today, Times Now and News 18 for violative reporting in the Toolkit Case by allegedly running "one-sided" reports.Ravi had also sought to restrain Delhi Police from leaking any investigation material relating to the FIR filed against her in connection with the Toolkit case."Right to privacy, the sovereignty and integrity of the country and the freedom of speech need to be balanced," the High Court remarked on Friday.It also expressed reservation as to the veracity of the media reports as it noted that the Delhi Police has categorically denied sharing of any information with media houses."While a journalist cannot be asked to reveal their source, the same has to be authentic. The Delhi Police claims that it has not leaked anything whereas the media claims to the contrary," the Court said in its order.The Bench added,"While press briefings are held generally the media cannot disseminate the information in such a sensationalized manner."The Court thus directed the channel editors to ensure that proper editorial control is exercised while disseminating information to ensure investigation is not hampered. However, the bench turned down the request made on behalf of Ravi for an interim stay order to restrain the reporting by the channels on the case.It also directed the Delhi Police to ensure the Office Memorandum issued by the Ministry of Home Affairs on 01.04.2010 titled- Advisory on Media Policy of Police for reporting on ongoing criminal cases, is abided by.A direction has also been made to ensure that Disha Ravi does not indulge into maligning the Delhi Police and other authorities.Meanwhile, time is granted to the Respondents to file their detailed affidavits.The Central Government (Ministry of Information and Broadcasting) was represented by ASG Chetan Sharma. The Delhi Police was represented by ASG SV Raju.Courtroom ExchangeBiased ReportingSenior Advocate Akhil Sibal, appearing for Disha Ravi, told the Court that the first relief that he seeks is a direction to all the respondents to desist from making any reference to the purported WhatsApp chats between Disha and Greta Thunberg.He submitted that one news channel, News18, had gone into detailed particulars of what questions were purportedly posed to Ravi and what answers she purportedly gave. He added that the IndiaToday channel ran even more detailed statements, with "in-built commentary". "The narrative is that she panicked and tried to delete - all based on leaked material and details. Half-baked, speculative information about an ongoing investigation was being disseminated."Sibal vehemently submitted that the Media must stick to and operate within the Programme Code.In this context, he referred to an Office Memorandum dated 01.04.2010, issued by the Ministry of Home Affairs'. The Memorandum is an Advisory on Media Policy of Police for reporting on ongoing criminal cases."The stage of arrest is over, investigation is ongoing, and it will culminate in any final report. Where is the occasion to share anything then? Hence I seek the relief," Sibal submitted.Responding to the allegations, Senior Advocate Hrishikesh Baruah appearing for IndiaToday submitted,"There is only one allegation against me. There was a digital write up, no news broadcast at all. Therefore, the Cable News Programme Code doesn't apply to me."Baruah added,"My article is of February 16th 2021, it is the admitted position of the Petitioner that the matter was out in the public domain by February 15th, therefore I haven't violated her privacy."Advocate Kunal Tandon appearing for Times Now channel submitted that Ravi cannot claim the right to privacy as the instant matter is of immense public importance; and as held by the Supreme Court in KS Puttaswamy v. Union of India, right to privacy is subservient to public interest."Firstly, all the information was in the public domain, so we haven't violated her right to privacy. Secondly, the Puttaswamy judgment too says that the right is subject to public interest," Tandon argued.Opposing this, Sibal argued,"Public interest and interest of the public are not the same thing. They must not disclose anything from the case file which is not part of the public record…All we're saying is till the filing of the chargesheet please don't share case file record with the media."Leaking information to mediaInter alia, Sibal sought a direction to the Delhi Police to not divulge any information relating to the investigation/ or any material which is part of the case file, to the media, until ...

[Disha Ravi Tool Kit Case] Media Cannot Disseminate Information In Sensationalized Manner: Delhi HC To Channel Editors, Directs Disha Not To Malign Police

Shreya Agarwal

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