Media needs to adopt their professional ethics and take care of public interest instead of concentrating on sensational news, the court said.
Allowing the advance bail applications, Justice AD Jagadish Chandira observed that the media carries such a huge power and responsibility as the public repose their trust and confidence in the media. (Wikimedia Commons)
The Madras High Court, while granting anticipatory bail to Dainik Bhaskar (Digital) Editor Prasoon Mishra, directed him to publish a corrigendum and tender an unconditional apology to the court and the people of Tamil Nadu for publishing fake news regarding attacks against migrant workers in Tamil Nadu.
Allowing the advance bail application of Mishra, Justice AD Jagadish Chandira observed in a recent order that the media is considered to be the fourth pillar of democracy as it carries such huge power and responsibility, and the public repose their trust and confidence in the media.
“The media and press need to adopt their professional ethics and take care of public interest, instead of concentrating on sensational news alone for promoting their own commercial interest. Such a bounden duty cannot be shirked by them under the guise of freedom of speech,” the court observed.
The judge also said, “Such being the expectation of the democratic system, it is painful to note that the petitioner, without verifying or exercising due diligence to find out the veracity of the news and without understanding the sensitivity, merely in order to sensitise the public, had published fake news.”
He added: “This court strongly deprecates the act of the petitioner in publishing such sensitive news, without verifying the correctness of the same.”
Granting Mishra’s prayer, the judge directed the editor to publish a corrigendum on the first page or homepage of all the publications, contending that they had published fake news without verifying the truth, and that nobody should follow suit.
He additionally directed the editor to tender an unconditional apology to the court and the people of Tamil Nadu.
The petitioner was also directed to report before the Inspector of Police (Conventional Crime), Central Crime Branch, Avadi Police Commissionerate, daily at 10:30 am, for a period of one week, and thereafter before the Inspector of Police, Tiruppur North Police Station, Tiruppur District, daily at 10:30 am, for a period of one week.
The court even directed him not to abscond either during the investigation or trial, and also not to tamper with evidence or witnesses during the investigation or trial.
On breach of any of the aforesaid conditions, Justice Chandira gave the liberty to the concerned magistrate or trial court to take appropriate action against the petitioner and also file a fresh FIR under Section 229A of the Indian Penal Code.
The court then adjourned the case for four weeks for reporting compliance.
On 5, 6, and 7 March this year, the digital division of Dainik Bhaskar — a Hindi newspaper — published a series of news articles that claimed as many as 15 people had lost their lives in Taliban-style attacks being carried out against Hindi-speaking migrant labourers in Tamil Nadu.
The news outlet interviewed four people on 2 March from Tamil Nadu and, based on the inputs given by Senior Correspondent Vijay Singh Baghel, the videos were published on the publication’s Twitter handle.
Subsequently, these claims were reported in the newspaper and widely circulated.
Following this, one Surya Prakash, a functionary of DMK IT Wing, lodged a complaint with the Thirunindravur police against the reporting.
Meanwhile, the Tiruppur North police also registered an FIR based on a complaint from one Kannagi, a special sub inspector of police.
In both cases, the FIRs were registered under Sections 153A, 505(1)(b), and 505(2) of the Indian Penal Code.
Apprehending arrest by the police, Mishra approached the high court for anticipatory bail in both cases.
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