Journalism is not for propagating hearsay news", Kerala HC while granting anticipatory bail to Journalist

An anticipatory bail plea had been moved by news anchor Sreekandan Nair and a doctor who appeared on his show in a case involving allegations of spreading misinformation.

"Journalism is not for propagating hearsay news", Kerala HC while granting anticipatory bail to Journalist

[Read Order]

"There is a great responsibility to every journalist. Press is the backbone of democracy", the Court said, while allowing an anticipatory bail plea by news Anchor Sreekandan Nair and a doctor who appeared on his show.

The Kerala High Court recently cautioned journalists against the broadcast of incorrect news, particularly during the COVID-19 pandemic, while allowing anticipatory bail for news anchor, Sreekandan Nair and a government doctor, in a case involving allegations of spreading misinformation (Dr Shinu Shyamalan v. State of Kerala).

In the order passed last Friday, Justice PV Kunhikrishnan observed,

"Journalism is not for propagating hearsay news. What to publish and what not to publish are to be decided sensibly. The duty of journalists is to tell the truth."

Kerala High Court

The Court added, "In other words, journalists should go back to the actual facts before publishing a news and thereafter make sure that, it is not to tarnish the image of any individual or a section of people. Journalists should not go behind gossips, hearsay news etc."

The case had its genesis in a debate show hosted by Sreekandan Nair which also featured the government doctor as a panellist.

The debate discussed a patient with COVID-19-like symptoms who had supposedly visited the clinic where the doctor worked. The doctor stated on the show that she had informed the District Health Services about the patient's condition. She, however, concealed the fact that the patient did not, in fact, test positive for the virus.

Based on the views expressed on the show the District Medical Officer filed a complaint against the TV anchor and the doctor. The complaint charges the petitioners for spreading false information to create panic among the public about a supposed failure in public safety.

While deciding on the plea moved subsequently for anticipatory bail, Justice PV Kunhikrishnan urged journalists to refrain from reporting based on "hearsay and gossip."

"Once a news is published in a print media or a visual media, you cannot take it back. The people who watch the news may not see the apology or correction news which is published or telecasted later", he explained.

"Therefore, there is great responsibility to every journalist. Press is the backbone of democracy."

Kerala High Court

Justice Kunhikrishnan also exhorted journalists to remember they were successors to "legends like Swedeshabhimani Ramakrishna Pillai and Kesari Balakrishna Pillai" (two influential Malayalam journalists from the ninteenth and twentieth centuries).

Justice Kunhikrishnan added that there was a need to exercise restraint when publishing news about public health workers during the pandemic, so as to maintain their morale.

"When a pandemic like Covid-19 is spreading everyday, the Health Department is doing their level best. Pointing out a single incident and making discussion about that in a channel cannot be appreciated. That will only affect the morale of the health workers. This is not journalism."

Justice Kunhikrishnan

Although the prosecution vehemently opposed the plea considering the nature of the false information spread, Justice Kunhikrishnan proceeded to allow anticipatory bail for the petitioners, subject to the compliance of the stringent conditions imposed.

Read the Order here:

Dr Shinu Shyamalan and Anr. v. State of Kerala - Bail Order.pdf

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