Media publication of criminal trial affecting fair trial, attracts criminal contempt
If the channel is in possession of information that could assist the investigator, it ought not to be part of a news coverage but it would be the duty of such channel to provide the information that it has to the police to facilitate a proper investigation. Media publication of criminal trial that may affect or is affecting fair investigation and fair trial of accused, shall amount to criminal contempt of Court.
The High Court of Bombay held that any act done or publication made which is presumed by the appropriate court (having power to punish for contempt) to cause prejudice to mankind and affect a fair investigation of crime as well as a fair trial of the accused, being essential steps for "administration of justice", could attract Contempt of Court Act depending upon the circumstances.
The violations of the Programme Code would attract consequences of seizing equipment used for operating the cable television network. A prohibition on transmission is the consequence, in case any programme or channel is not functioning within the conformity of the Programme Code or Advertisement Code. There is power to prohibit operation of cable television network in public interest, when the Central Government considers that any programme of any channel is not in conformity with the prescribed Programme Code. Such is the statutory regime within the framework of which a television channel is supposed to operate. Matters which are pending investigation on a criminal complaint clearly fall within the restriction as contained in the Programme Code.
Self-regulatory mechanism like News Broadcasters Association (NBA) and News Broadcasters Federation (NBF) would not take the character of a statutory mechanism. The self-regulatory mechanism does not have any statutory recognition, in the absence of which, it is not possible to hold that the self-regulatory mechanism would have any sanctity in law. The Government being the owner of air-waves, which the electronic media uses, it would not amount to any breach of the freedom the media if such erring channels are hauled up and/or paralyzed by the relevant authority for violation of the Programme Code. Although the objects of the NBA and the NBF could be laudable, the course and the regime of self- regulation as adopted by its bodies cannot have any sanctity within the statutory framework.
