The Hindu : National : “Accept truth as defence in contempt proceedings”

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Saturday, Oct 06, 2007
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National

“Accept truth as defence in contempt proceedings”

Special Correspondent

PANAJI: The Press Council of India has reiterated its stand that truth be accepted as defence in any contempt proceedings against the media.

At its two-day meeting which began on Thursday, the Council discussed the issue of contempt proceedings against the Mid Day journalists before the High Court of Delhi.

It said that even though the Mid Day issue was now pending before the Supreme Court and thus sub-judice, without entering into the merits of the case, it felt that the courts were expected to be more sensitive to the duties and functions of the press and before taking any view it might be considered whether the criticism per se undermined the functioning of the courts in the estimation of the public by demeaning judges.

In a democratic set-up, it said, all institutions were open to bona fide critical evaluation of their functioning and such criticism in the public interest only strengthened the quality of their functioning.

The dignity of the court was maintained more by restraint and magnanimity.

“Truth forming the basis of the media information has now been protected under the amended provisions of the Contempt of Courts Act; Therefore, media information based on truth and published in the public interest constitutes defence in contempt proceedings,” the Council observed.

At the same time, the press while exercising its powers and duties must subject itself to an effective system of self-regulation and public accountability to ensure the fairness of conduct.

Earlier, the meeting adjudicated on 55 complaints of violation of the norms of journalistic ethics and threats to the freedom of press.

The Council observed that the press had to remember that it was not a prosecutor in any investigation and should be guided by the paramount principle of a person’s innocence unless the alleged offence was proved beyond doubt by independent reliable evidence.

Therefore, even within the constraint of space, the material facts should find space in any rejoinder so that the public, as the ultimate judge of any matter, was guided by the complete and accurate facts in forming its opinion.

“The readers’ right to know all sides of any issue of public importance is a natural corollary of the freedom enjoyed by the press in a democracy. ”

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