SC calls on Centre to prepare new guidelines to curb media trials in criminal cases

New Delhi: The Supreme Court has issued a directive to the Union Home Ministry, calling for the creation of a comprehensive manual governing media briefings by law enforcement personnel in criminal cases.

The court presided over by Chief Justice DY Chandrachud and Justices PS Narasimha and Manoj Misra, emphasized the need for this manual in light of the surge in criminal case coverage across print, electronic, and social media.

The current guidelines, dating back a decade, no longer suffice to address the evolving media landscape. The court underscored the delicate balance that must be struck between the fundamental right to free speech and expression, the rights of accused individuals to a fair investigation, and the privacy of victims.

The Supreme Court asserted that media reports that implicate an accused party can be unfair and result in public suspicion. Biased reporting can also violate the privacy of victims.

“Media reportage which implicates an accused is unfair,” the Supreme Court said in its order, according to Live Law.

“Biased reporting also gives rise to public suspicion that the person has committed an offence. The media reports can also violate the privacy of victims,” the order further said.

To prevent this, the court emphasized the importance of objective police disclosures during media briefings, discouraging any subjective information sharing that could lead to a "media trial."

The court has also called on the director generals of police from all states to submit their suggestions for the manual's development.

Additionally, the opinions of the National Human Rights Commission may be considered in shaping this crucial guideline.