Press sting operations may be exempt from prosecution: Kerala HC

Kochi: The Kerala High Court recently ruled that sting operations conducted by the press, while not fully accepted by the legal system, should be exempt from prosecution if carried out by recognized media houses in the public interest.

Sting operations, which involve using deceptive tactics to expose illegal activities, are commonly used in law enforcement and occasionally in journalism.

In a July 8 order, the court dismissed criminal charges against two journalists from Reporter TV. The case revolved around whether these journalists could be exempt from prosecution under the Kerala Prisons and Correctional Services Act for attempting to covertly record the statement of a jailed individual involved in the 2013 Kerala solar panel scam, Scroll.in reported.

The individual, Joppan, was a former staff member of ex-Chief Minister Oomen Chandy. According to the prosecution, the journalists did not seek permission to record him on their mobile phones during a jail visit.

The court stated, “The Fourth Estate [the press] is essential to a healthy democracy, ensuring that power is not abused and citizens are well-informed and engaged in the democratic process…To achieve these goals, there may be some activities from their side which are normally not permitted by law. One such method is ‘sting operation’.”

The court noted that the journalists admitted to conducting a sting operation and reviewed relevant legal precedents to determine if their actions constituted an offence. It concluded that no offence had been committed in this instance.

The ruling emphasized the need to scrutinize the legality of sting operations by both law enforcement and journalists on a case-by-case basis.

“If the [aim of the] ‘sting operation’ is to find out the truth and to convey the same to the citizen, without any malafide intention, the press is exempted from prosecution,” the court held. “The freedom of the press may not include the ‘sting operation’ in all situations.”

The court cautioned that sting operations intended “to target an individual and humiliate them” would not receive legal protection for those responsible.

This decision highlights the balance between the press’s role in ensuring transparency and accountability and the necessity for journalistic practices to remain within ethical and legal boundaries.