Editorial
Commendable step
A major fetter on free expression removed
The parliament has removed a disability imposed since the British era on media and free but responsible writing. The JS passed a bill scrapping the legal provision for directly issuing arrest warrant against journalists, writers and others for writing or saying something 'defamatory'. This meets a persistently articulated demand of journalists for striking out the clauses in the Criminal Procedure Code (CrPC) that hang as a Sword of Damocles on media freedom. The government and the parliament have made a momentous gesture.
We are fully agreeable to the provision for issuing summons. First, all are equal before the law. Second, if by reporting or commenting on an individual or an institution we appear to have defamed the persona or the image of an organisation we should be prepared to explain our conduct before the court.
The repeal of the provision was called for because of its gross misuse. Whenever something went against a high government functionary or any powerful coterie, warrant of arrest would be issued in hot haste to exact vendetta. This has had the effect of not only harassing an editor, commentator or any scribe but also led to self-censure stifling objective reporting and analysis. No responsible journalist can balk at revealing truth.
Consequent upon the liberal gesture, onus is squarely on the journalists to be responsible in their performance and conduct. They must be fully respectful of the established reputation of an individual or an institution. If there is something negative to say it must be based on fact with due opportunity given to all concerned to have a say.
We request a consideration vis-à-vis issuance of contempt notice? For, it's our conviction, shared by jurists, that the court and the media can and do play mutually reinforcing roles in ensuring rule of law, justice and fair-play. They are complementary to each other. In stead of contempt notices, the court can issue warning pointing out where a particular news story has erred. Such consideration will greatly strengthen the mutually supportive role between judiciary and the media.
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