The Supreme Court on Monday dismissed a plea filed by TV Today Network Limited, which operates Aaj Tak, challenging a Delhi High Court order directing it to pay Rs 5 lakh in compensation for violating the privacy of a child sexual abuse survivor by broadcasting details that revealed her identity.
A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi and Justice V Mohana dismissed the appeal. The case arose from a 2005 incident in which a minor girl lodged an FIR against her father alleging sexual assault.
The Court was informed that after the girl’s mother refused permission to Aaj Tak’s crew to interview her or the child, the channel nevertheless aired a report containing the father’s name, designation and workplace, along with visuals of the family’s residential colony and house and the mother’s voice.
The victim’s mother subsequently approached the Delhi High Court in 2005. In 2013, a single judge allowed the petition and awarded Rs 5 lakh in damages in favour of the child. TV Today challenged the decision before a Division Bench, arguing, among other things, that being a private entity, it was not amenable to the writ jurisdiction of the High Court.
On July 1, the Division Bench rejected the contention, holding that private media organisations perform public functions and can be subjected to writ jurisdiction where their actions violate an individual’s right to privacy.
Before the Supreme Court, TV Today’s counsel challenged this finding and argued that the High Court had overlooked principles laid down in its own judgments. The Supreme Court, however, indicated that it was not inclined to examine the maintainability of the writ petition at this stage.
The Court dismissed the argument against the writ petition’s maintainability, with Justice Joymalya Bagchi questioning how the media outlet could deny performing a public function to avoid liability for an irresponsible broadcast.
The judge pointed out that media organisations invoke constitutional protections when their freedom of speech and expression or access to the internet is threatened, but cannot simultaneously argue that they do not perform a public function when constitutional compensation is imposed for an alleged violation.
During the hearing, TV Today’s counsel also submitted that the survivor’s mother had subsequently compromised the dispute with the father and argued that the High Court’s decision could have wider implications.
TV Today’s counsel cautioned that upholding the High Court’s order could lead to a flood of similar claims. The Supreme Court, however, rejected the concern and dismissed the appeal, leaving the Rs 5 lakh compensation awarded for the privacy violation undisturbed.
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