This is a representational image KOCHI: In a landmark judgment, the HC has held that the media's right to freedom of speech and expression cannot be restricted except by a law enacted by a competent legislative body, and even then, only on the grounds explicitly listed in Article 19(2) of the Constitution, which permits the govt to impose reasonable restrictions on freedom of speech and expression. A larger bench of the high court, consisting of Justices A K Jayasankaran Nambiar, Kauser Edappagath, C P Mohammed Nias, C S Sudha, and V M Syam Kumar, delivered this ruling while addressing petitions on the scope and limitations of the media's freedom in reporting on criminal investigations or cases pending before various courts. The bench also held that the media's right to speech and expression is integral to fundamental rights.
The bench highlighted that while the media reports on criminal investigations or pending cases, its freedom of speech and expression must respect the principle of separation of powers under the Constitution. This principle, along with the rule of law, dictates that the final and authoritative declaration of guilt or innocence is reserved for judicial authorities. Therefore, any definitive media statements about a party's guilt or innocence before a judicial determination do not fall under the protections under the right to speech and expression guaranteed by Article 19(1)(a) of the Constitution.
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