The Kerala High Court recently expressed concern over the perceived deterioration in journalistic standards, suggesting that the traditional guiding principles of journalism have been supplanted by a more destructive approach.
Thank you for reading this post, don't forget to subscribe!Justice VG Arun of the Kerala High Court made these remarks on Friday, stating,
“The four W’s of journalism that are used to guide journalists in their reporting and helped in ensuring the accuracy and completeness of news stories are: Who, What, When, and Where. The four W’s and sometimes the fifth ‘Why’ used to serve as a framework for journalists to gather information. Videos like the one under consideration make one wonder whether the W’s have been replaced with D’s; Defame, Denigrate, Damnify, and Destroy.”
The court’s observations came during the hearing of a case involving Shajan Scaria, the editor of Marunadan Malayali, a YouTube news channel. Scaria was accused of publishing allegedly defamatory statements against Member of the Legislative Assembly (MLA) PV Sreenijin.
Following the publication of the contentious news item, Scaria was charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act), and the Kerala Police Act. The prosecution argued that Scaria, in his role as editor and publisher, had broadcast a news piece containing unfounded and defamatory allegations against MLA Sreenijin.
Scaria admitted to broadcasting the video against the MLA but maintained that he had no intention to insult him. He argued that the news was based on facts discovered through research and sources. He also noted that he had removed the video from public view after the criminal case was registered against him.
However, after his application for anticipatory bail was dismissed by a Special Court on June 16, Scaria appealed to the High Court. The High Court dismissed his appeal on Friday, concluding that there was a prima facie case against Scaria under the SC/ST Act.
The case underscores the ongoing debate about journalistic ethics and the balance between freedom of speech and the potential for defamation. It also highlights the legal implications of publishing potentially defamatory content, particularly in the digital age.