LAHORE: The Lahore High Court (LHC) observed that it is high time to regulate the role of media by the competent regulatory authorities effectively to ensure that its unchecked conduct neither transgresses the limits of law nor encroaches upon the fundamental rights, dignity, and liberties of citizens.
The court while proceeding with a petition against police, restrained the journalists from interviewing an under custody accused and warned that any violation in this regard shall constitute misconduct, and the police official found responsible shall be proceeded against in accordance with the law.
The court said, such practice is not only legally and ethically questionable but also poses a serious threat to the integrity of criminal justice system.
The court observed, while the media is vested with legal and constitutional rights to report accurately on pending criminal trials and ongoing investigations, this freedom is not absolute.
The court held the right to freedom of speech, may be lawfully regulated where its exercise conflicts with the rights of other individuals or with overriding societal interests.
The court said, it does not extend to false, misleading, defamatory, or unprofessional reporting that compromises the right to a fair trial or violates the dignity, reputation, or privacy of the accused or the victim. Such conduct lies beyond the ambit of the freedom of the press guaranteed under Article 19 of the Constitution and may give rise to legal consequences, the court added.
The court said, it is circumscribed not only by other fundamental rights but also by the constitutional ideals, values, principles, and duties that are equally binding upon the media.
The court further observed that in the event of a conflict between the right of the media to freedom of speech and expression and the rights of an individual to dignity and reputation and protection against self-incrimination, the former right must be regarded as subject to the latter rights.
The court said, it is imperative that the media recognize its responsibility to society and exercise voluntary restraint, drawing a clear line that must not be crossed. It must refrain from encroaching upon the exclusive domain of the judiciary or investigative authorities, the court observed.
These fundamental rights place a constitutional duty upon the State and its functionaries to uphold and safeguard the inherent dignity, right to privacy, and other inviolable protections guaranteed to every individual, the court concluded.
Copyright Business Recorder, 2025
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