Posts

Showing posts with the label Freedom of Press

Directions to Remove News Reports May Undermine Democracy: Supreme Court

Image
Introduction In a significant intervention touching the core of press freedom, open justice, and the limits of privacy , the Supreme Court of India has cautioned that judicial directions mandating the removal of news reports and online articles could have serious and troubling implications for democracy . The observation came while staying a Delhi High Court order that permitted invocation of the “right to be forgotten” to compel the takedown of digital news content relating to concluded criminal proceedings. The ruling signals judicial unease with courts assuming the role of editors and rewriting historical records in the digital age. Background of the Case The matter arose from a petition filed by IE Online Media Services Private Limited , challenging a December 18, 2025 order of the Delhi High Court . The High Court had upheld an interim injunction directing the removal of online news reports that linked banker Nitin Bhatnagar to criminal allegations, despite his subsequent disch...

Supreme Court Directs States to Frame Media Briefing Policies in Criminal Cases

Image
I. Background of the Supreme Court Directions The Supreme Court of India has directed all States and Union Territories to frame and notify comprehensive media briefing policies for criminal cases within three months . The objective of the direction is to prevent media trials , protect the fairness of investigations , and safeguard the dignity and privacy of victims, witnesses, and accused persons . The direction was issued by a Bench comprising Justice M.M. Sundresh and Justice N. Kotiswar Singh , while dealing with a long-pending public interest litigation filed by the People’s Union for Civil Liberties (PUCL) in 1999 . The PIL highlighted the absence of structured guidelines governing police encounters and police communication with the media , especially during ongoing criminal investigations. Despite earlier judicial interventions and executive advisories, the Court noted that States had failed to demonstrate adequate seriousness in regulating police briefings, resulting in repeated...

Delhi High Court Rejects Mahua Moitra's Plea for Media Gag in ED Investigation Case

Image
Delhi High Court Rejects Mahua Moitra's Plea for Media Gag in ED Investigation Case The Delhi High Court recently delivered a verdict dismissing the plea filed by Trinamool Congress (TMC) leader Mahua Moitra, seeking to restrain the Enforcement Directorate (ED) from disclosing any "confidential or unverified information" to the media regarding an investigation under the Foreign Exchange Management Act, 1999 (FEMA) against her. In its ruling, the Delhi HC emphasized that it meticulously reviewed various news articles submitted as evidence in the petition. The court concluded that these articles solely reported on the ongoing investigation against Moitra, a public figure, without delving into her private life. Justice Subramonium Prasad, presiding over the bench, highlighted that the media coverage did not infringe upon Moitra's privacy rights or compromise the impartiality of the investigation or potential trial proceedings. The plea alleged that the ED had intentional...