, , ? AP HC gag order on media
Courts must avoid omnibus orders against publication without actual risk of prejudice
A blanket gag order against the media is often fraught with serious consequences for both free speech and the citizens right to receive information. Orders by different courts, restraining the media from reporting on particular cases or programmes from being telecast, have drawn attention this week to questions of prior restraint, media freedom and the right of people facing investigation to a fair trial. A quite unusual and legally questionable decision has been the interim order of the Andhra Pradesh High Court imposing a ban on the media, and even social media, from mentioning anything in relation to an FIR filed by the police against a former Advocate General of the State and others. It is unusual in the sense that there appears to be no material to justify such censorship other than an allegation by the petitioner that it is a foisted case. It is also accompanied by an order staying the investigation itself. It is indeed open to a High Court to grant a stay on investigation in extraordinary cases. When political vendetta is alleged against the government of the day, that too by someone who had served a previous regime as a law officer, the need for media coverage and public scrutiny is all the greater. How the petitioner would benefit from the complete absence of any reportage is unclear. It prevents legitimate comment even to the effect that there is no substance in the allegations.
https://www.thehindu.com/opinion/editorial/stop-press-the-hindu-editorial-on-blanket-gag-order-against-the-media/article32623638.ece
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, , ? AP HC gag order on media Courts must avoid omnibus orders against publication without actual risk of prejudice A blanket gag order against the media is often fraught with serious consequences for both free speech and the citizens right to receive information. Orders by different courts, restraining the media from reporting on particular cases or programmes from being telecast, have drawn attention this week to questions of prior restraint, media freedom and the right of people facing investigation to a fair trial. A quite unusual and legally questionable decision has been the interim order of the Andhra Pradesh High Court imposing a ban on the media, and even social media, from mentioning anything in relation to an FIR filed by the police against a former Advocate General of the State and others. It is unusual in the sense that there appears to be no material to justify such censorship other than an allegation by the petitioner that it is a foisted case. It is also accompanied by an order staying the investigation itself. It is indeed open to a High Court to grant a stay on investigation in extraordinary cases. When political vendetta is alleged against the government of the day, that too by someone who had served a previous regime as a law officer, the need for media coverage and public scrutiny is all the greater. How the petitioner would benefit from the complete absence of any reportage is unclear. It prevents legitimate comment even to the effect that there is no substance in the allegations. https://www.thehindu.com/opinion/editorial/stop-press-the-hindu-editorial-on-blanket-gag-order-against-the-media/article32623638.ece
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