[Freedom of Speech] Are Government Servants Allowed to Speak to the media? Allahabad HC Asks State Gov.

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The Allahabad High Court raised the question of whether government servants are permitted to engage with the media. Justice JJ Munir has requested clarification from the State government regarding any existing prohibitions outlined in service rules. Additionally, the court directed the Additional Chief Secretary of the Department of Personnel to outline measures taken to train younger government servants to refrain from impromptu media interactions, if such prohibitions are in place.

Allahabad: Recently, The Allahabad High Court raised concern regarding the growing trend among government servants, including those in the Central government, of freely and casually speaking to the media. The court has sought clarification on whether there are any prohibitions under the service rules that restrict such interactions.

Justice JJ Munir requested the state inform the court whether any prohibition exists in the service rules regarding government servants speaking to the media. Additionally, the Additional Chief Secretary of the Department of Personnel was directed to outline measures taken to train younger government servants to refrain from impromptu media interactions, if such prohibitions are indeed in place.

Background

A petition was filed by a government employee challenging departmental proceedings against him. Although the court refrained from commenting on the content of the petitioner’s statements to the media, it highlighted the prevailing trend among government officers.

The single-judge bench pointed out that Government servants of all ranks, including those serving the State cadre of Central Services, have been observed casually and freely engaging with the media. This includes district collectors, district superintendents of police, as well as government officials at various hierarchical levels. The court emphasized that unless there have been changes to the existing conduct rules, government servants should not have the freedom to independently speak to the media.

“The Court observes a prevailing trend among government officials, including those in Central Services serving State cadres, of freely engaging with the media. District Collectors, District Superintendents of Police, and other officials at various levels are frequently seen interacting with the media without restraint.”

The court mentioned that one of the reasons behind the previous restrictions on government servants speaking to the media was to avoid contradictory stands on the same issue. To maintain consistency and avoid confusion, the state should communicate through authorized spokespersons, such as individuals from the public relations department or designated officers from the respective establishments or departments.

“The rationale behind the previous restrictions on government servants’ media interactions was to prevent contradictory statements on the same issue,”

The Court elaborated.

“The State should communicate through an authorized spokesperson, such as a designated officer from the public relations department or the relevant establishment.”

The court has scheduled the matter for further consideration on May 3. It has instructed the Additional Chief Secretary of the Department of Personnel to submit an affidavit within a week, providing the requested information.

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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