Supreme Court Advocates for Fair Media Reporting: New Guidelines on Police-Journalist Interactions on the Horizon

The Supreme Court of India, in a recent judgment, has raised concerns over the phenomenon of
“media trials,”
emphasizing their potential to result in a
“deflection of cause of justice.”
In light of these concerns, the apex court has directed the union home ministry to formulate a comprehensive manual within three months. This manual will guide the police on how to brief journalists about ongoing criminal investigations.
This directive was issued while the Supreme Court was examining the procedures adopted by the police during media briefings, especially when a probe is in progress. The court noted,
“there is an urgent need for a Standard Operating Procedure (SOP) about how journalists should be briefed,”
given the significant increase in reporting on criminal offenses across print, electronic, and social media since the last guidelines were introduced by the Ministry of Home Affairs (MHA) in 2010.
Chief Justice D Y Chandrachud, who headed the bench, emphasized the intricate balance that needs to be maintained. He stated that while the media’s fundamental right to free speech and expression is paramount, it’s equally vital to respect
“the right of the accused to fair investigation, and the privacy of the victim.”
To ensure a comprehensive and inclusive approach to the creation of this manual, the Supreme Court has urged the Directors General of Police (DGP) from all states to provide their suggestions to the MHA within a month. The court further added,
“All DGPs, in a month, should communicate to Ministry of Home Affairs, their suggestions for guidelines…National Human Rights Commission’s suggestions may also be taken.”
This initiative by the Supreme Court underscores its dedication to upholding the principles of justice. It aims to ensure that media reporting remains unbiased, safeguarding the rights of both the accused and the victim, and preserving the sanctity of ongoing investigations.
