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Kerala High Court Supports Media Sting Operations in Public Interest

The Kerala High Court ruled that sting operations conducted by media outlets are lawful if carried out in the public interest, overturning criminal proceedings against two reporters involved in the solar scam case 

17-07-2024
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The Kerala High Court has affirmed the legality of sting operations conducted by media organizations when undertaken in the public interest, overturning criminal proceedings against two journalists involved in the solar scam case.

In 2013, the two reporters were permitted to enter the district jail in Pathanamthitta to interview an undertrial prisoner as part of their investigation into the solar scam. Subsequently, they were charged under sections 86 and 87 of the Kerala Prisons and Correctional Services (Management) Act 2010.

The court, in its decision to quash the charges, emphasized that the journalists had obtained prior permission to conduct their investigation within the jail premises. The prisoner they sought to interview was connected to a highly sensational case at that time.

The solar scam, which surfaced in 2013, involved allegations of fraud by Team Solar Energy in the sale of solar panels. The accused allegedly deceived investors by falsely claiming proximity to the Chief Minister's Office (CMO).

Justice PV Kunhikrishnan, in a ruling reflecting on the role of the media, stated, "The fourth estate holds those in power accountable by uncovering corruption, abuse of authority, and wrongdoing. It informs the public with accurate and impartial reporting, enabling informed decision-making."

Regarding the legality of sting operations, the court underscored that each instance must be evaluated individually. It cautioned that sting operations conducted with malicious intent to target and humiliate individuals lacked legal sanction. However, operations aimed at uncovering truth and informing the public without malice were deemed exempt from prosecution.

"While media-initiated sting operations aimed at revealing truth to the public interest are protected, those conducted with malicious intent to target individuals for personal humiliation do not receive legal backing," the court clarified.

The Kerala High Court concluded that while media houses and law enforcement agencies may engage in sting operations, their legality hinges on the motive and intention behind each operation, emphasizing the paramount importance of public interest in such endeavors.

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