A PIL has been filed in the Supreme Court for laying down guidelines for mandatory sanction before registration of FIRs against journalists in order to ensure that they were not subjected to vexatious and malicious prosecution for their news reports.
Following recent lodging of FIRs against Republic TV's Editor-in-Chief Arnab Goswami in Maharashtra and other states and similar action against Zee News Editor Sudhir Chaudhary in Kerala, an advocate, Ghanshyam Upadhyay filed the PIL in the top court.
The petition filed through advocate Vishnu Shankar Jain asked the court to ensure that no FIR was filed against journalists unless a sanction was received from the statutory body, Press Council of India or any other judicial authority.
This was to "ensure that the press/ media, which is the fourth pillar of democracy, is not subjected to suppression and oppression and their voice is not silenced by entangling them in false, frivolous, vexatious and malicious prosecution under the garb of investigation."
This would also allow no stifling of genuine prosecution, the plea said, adding that the Constitution under Article 19(l)(a) guaranteed to all citizens of freedom of speech and expression, in which freedom of Press or media was implicit, against arbitrary invasion by the State.
The petitioner contended that citizens of the country were entitled to receive complete, uncut and truthful information, analysis, especially concerning issues affecting and impacting sovereignty and integrity of India.
"Certain elements in the society averse to free flow of such unbiased, truthful, complete, uncut information take recourse to entangle journalists engaged in providing such vital and crucial information to the public at large by frivolous and vexatious criminal prosecution," he said.
The petitioner also said there were mushrooming of small time newspapers and news channels all over the country at local level, with extremely doubtful credentials, so the guidelines issued by this court should be made applicable only for those organisations with a particular number of circulations or viewership.