Freedom of press can't be one-way traffic, says SC in 'The Wire' defamation case

Freedom of press cannot be a one-way-traffic and yellow journalism should not take place, the Supreme Court said Tuesday while dealing with the defamation cases filed by Jay Shah, son of Union Home Minister Amit Shah, against news portal 'The Wire' and its scribes over an article.

Though the apex court allowed the portal's plea to withdraw the appeals against the Gujarat High Court order to face trial in the cases, it expressed anguish over the way journalism is being practised in which the institution of judiciary also suffered in the recent days.

The top court, which ordered that the competent court would expeditiously complete the trial in the cases against the news portal and its scribes, said "freedom of press is supreme but can't be a one-way traffic".

"Yellow journalism should not take place," a bench comprising Justices Arun Mishra, M R Shah and B R Gavai said, while severely criticising the practice that news portals don't even wait for more than 5-6 hours after giving notice seeking explanation to a person and publish the news reports.

While these remarks were made, Solicitior General Tushar Mehta said it would be an understatement to say what the news portals are doing is yellow journalism.

When senior advocate Kapil Sibal, appearing for 'The Wire' and its scribes, sought withdrawal of appeals, the bench said "why should we allow you to withdraw".

In civilised country the news reports are being published against a person by giving a very short notice and not even waiting for the response, the bench said.

"How has this culture come up in India," asked the bench to Sibal and added "We have suffered a lot. It is a very serious issue."
Mehta said: "This has been happening with everyone."
Sibal too replied: "I also want to say many things but wont say so."