Freedom of Press Cannot Shield Irresponsible Journalism: Delhi HC

Noting that freedom of press cannot be used as a shield for irresponsible journalism or the dissemination of content that jeopardises public order, the Delhi High Court called for a regulation that protects press freedom while ensuring accountability and respect for the law and rights of citizens.

Justice Girish Kathpalia raised concerns over a "significant section of the media" being unregulated and unorganised due to the rapid proliferation of social media and digital platforms in recent years, and said that the media must recognise that its power to shape public opinion comes with an implicit attendant duty to exercise restraint, fairness and responsibility.

The judge noted that it had become "increasingly common" for "self-styled reporters" to "aggressively thrust microphones at citizens, demanding instant responses", and then call it "evading questions" when they choose to remain silent, which creates a misleading public narrative and generates unwarranted public pressure.

Acknowledging freedom of press as an indispensable pillar of a democratic society, the court asserted that the tendency to target or malign a section of society through "selective reporting, sensationalism or unverified allegations" was "equally disturbing".

Such conduct, the court said, has the potential to deepen social divisions and even trigger communal disharmony.

"Today, virtually anyone armed with a mobile phone and a microphone can proclaim themselves to be a 'reporter', often without any journalistic training, ethical grounding, or accountability," said the court in the judgment passed on July 16.

"Of course, the freedom of press must remain zealously protected. But, it cannot become a shield for irresponsible journalism, intimidation or the dissemination of content that jeopardises public order. The time has come for the legislature to consider an appropriate regulatory framework that preserves freedom of the press, while ensuring professional accountability, ethical standards, and respect for the rule of law, the rights of citizens and the larger public interest," observed the court.

The court was dealing with the bail plea of two accused men who allegedly assaulted two freelancers who were reporting for a YouTube channel at an unauthorised colony in Seemapuri in July 2025.

The court observed that the complainant and his colleague were recording a video regarding a place of worship in the area, allegedly constructed without any authorisation, which agitated the locals.

The court said the incident was "apparently a mass fury" and the involvement of the present accused was a "grey area", and there was no reason to further deprive them of their liberty.

"Therefore, both these bail applications are allowed and accused/applicants are directed to be released on bail subject to each of them furnishing a personal bond in the sum of Rs 10,000/- with one surety each," the court ordered.