CHENNAI: The Madras High Court has stated that the media cannot hold trial on cases, such as the child sexual assault case against Gem Granites chairman R Veeramani (84), because the rights of the victims and the accused shall be protected.
Justice V Lakshminarayanan on Friday was hearing a petition filed by Tulir Charitable Trust seeking action to prevent television channels and other digital platforms from publishing and broadcasting child sexual abuse material (CSAM). He commented, “Whether you like it or not, society is inherently male chauvinistic.”
On the adverse impact that the publishing and broadcasting of CSAM will have on the victims, the judge said, “The child has already suffered the trauma and is living with it but cannot be made to relive it.” He also questioned the rationale and legality of conducting a media trial, and asked if it would not prejudice the trial judge to see TV channels compare him (Veeramani) to Jeffrey Epstein.
Asserting the right of the media to report on cases of child sexual assault, senior counsel Hrishikesh Barua, representing Republic TV, submitted the media is restricted from disclosing the identity of the victims, and not publishing any material which would disclose it. He contended once an FIR is registered it is a public document under section 74 of Indian Evidence Act. However, the bench pointed out that FIRs on child sexual offence and rape are not even uploaded on the police’s official website.
The counsel questioned how the channel could be asked not to report on a crime in which the police had filed a closure report of in the court. He said the channel only conducted a debate on why the closure report was filed. The court adjourned the hearing to October 15.