The Delhi High Court has observed that while freedom of the press remains a foundational pillar of a democratic society, it cannot be invoked to justify irresponsible journalism, intimidation, or the dissemination of content capable of disturbing public order. The Court emphasised the need for the legislature to consider an appropriate regulatory framework for the rapidly expanding digital media landscape while preserving the constitutional guarantee of press freedom.
Justice Girish Kathpalia made the observations while granting regular bail to two accused in a case relating to the alleged assault on two freelance YouTube journalists in Delhi’s Seemapuri area. Although the Court condemned the attack, it used the occasion to address broader concerns regarding the growing presence of unregulated digital content creators claiming the status of journalists.
The Court noted that the proliferation of social media platforms has enabled virtually anyone equipped with a mobile phone and microphone to present themselves as a reporter, often without professional training, ethical standards, or institutional accountability. It observed that this trend has resulted in instances where individuals aggressively confront members of the public, demand immediate responses on camera, and portray a refusal to comment as an attempt to evade questions, thereby creating misleading public narratives.
Justice Kathpalia further cautioned against selective and sensational reporting that targets particular communities or relies on unverified allegations, observing that such practices have the potential to deepen social divisions, inflame public sentiment, and even contribute to communal discord.
Stressing that the media plays a significant role in shaping public opinion, the Court held that this influence carries a corresponding obligation to exercise fairness, restraint and responsibility. It observed that while the freedom of the press deserves robust constitutional protection, it cannot become a shield for unethical journalistic practices or conduct that undermines the rule of law and public interest.
The Court also remarked that the time had come for Parliament to examine the feasibility of introducing a regulatory framework that balances press freedom with professional accountability, ethical journalism and the protection of citizens’ rights.
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