SC on media freedom: Media reporting about judicial proceedings can’t be curbed

The Supreme Court on Friday set aside Delhi High Court’s order to remove the Wikipedia page on ANI’s defamation case against Wikipedia, saying media reporting about judicial proceedings can’t be curbed.

Allowing ANI to move the high court afresh with specific claims, a Bench of Justice Abhay S Oka and Justice Ujjal Bhuyan said even sub-judice matters can be debated by the general public.

The top court emphasised the importance of public discourse and media scrutiny, stating that courts, as open and public institutions, must remain receptive to observations, debates, and constructive criticism.

“Every important issue needs to be vigorously debated by the people and the press, even if the issue of debate is sub-judice before a court,” said the Bench.

Highlighting the complementary roles played by the judiciary and the media — “foundational pillars” of India’s constitutional framework — in sustaining a liberal democracy, the Bench said, “For a liberal democracy to thrive, both must supplement each other.”

Writing the verdict for the Bench, Justice Bhuyan said, “Courts, as a public and open institution, must always remain open to public observations, debates and criticisms. In fact, courts should welcome debates and constructive criticism. Every important issue needs to be vigorously debated by the people and the press, even if the issue of debate is sub-judice before a court.”

The Bench, however, said, “…those who offer criticism should remember that Judges cannot respond to such criticism but if a publication scandalizes the court or a Judge or Judges and if a case of contempt is made out, as highlighted by Justice Iyer in the sixth principle, certainly courts should take action. But it is not the duty of the court to tell the media: delete this, take that down.”

Emphasising the need for introspection for improvement, the top court said, ‘That can happen only if there is a robust debate even on issues which are before the court. Both the judiciary and the media are the foundational pillars of democracy which is a basic feature of our Constitution. For a liberal democracy to thrive, both must supplement each other."

India