In direction to curb fake news web that has become a major problem off lately, the Karnataka High Court had, in one of its recent judgement directed Deccan Herald and three other local channels to come out with mitigating and preventive measures.

Court's decision was under the thread of these media houses publishing a false article that wrongly stated that ₹9 crores were seized from the residence of a City Civil Court.

The Court stated:

"The way out for you is to improve your system and mitigate the harm. Do something which will mitigate the offense."

Karnataka High Court's Chief Justice Oka further stated that,

"We cannot compel you to disclose your source. But what is the mechanism that you have introduced to make sure that this does not happen again?"

He was disappointed with the fact that the fake news showed the judicial institution in very poor light. The Chief Justice also added that its aim is to look for a solution and not sending the wrongdoers to jail.

In dealing with the second contempt petition against TV channels the Court found that they broadcasted a video clip of a person counting notes while reporting the fake news.

On this, the Court questioned whether they even attempted to verify the correctness of the matter.

The Court was displeased at all these findings, even though the Counsel appearing for the petitioner assured the Court that the news item was taken down the same day itself.

The Counsel had submitted before it that no such news was circulated in WhatsApp or any other social media platforms. Though he accepted that the news was not based on any verified information and that it was a mistake on the part of the channels.

The Court after hearing to the submission, questioned the petitioners about any kind of disciplinary action taken against the wrongdoers.

It said:

What disciplinary action have you taken against the wrongdoers? At least DeccanHerald has carried out a suspension and is conducting a disciplinary inquiry on the matter.

The Court questioned TV channels' objective for showing the clip to the public and further enquired about the authenticity of the clip.

"If there was no raid conducted then how could you show a clip of notes being counted? You must explain that... What was the object of showing that clip? What impression will a common man carry after seeing it? Who has prepared that clip?"

The Court clarified that in order to accept the unconditional apologies rendered by the respective news channels, it would have to look into their bonafides. The Court finally directed all the respondents to collectively look into what could be done in order to mitigate the harm towards the State Judiciary.

The Court also forewarned that it would not make any more suggestions to the parties and in the next hearing, would directly go into the affidavits.

"We will not give any more suggestions, we will go through the affidavits and mitigating circumstances and if we are satisfied, we will accept the apology or hear the learned Advocate General and proceed with the case."

The mater has been adjourned for Jan 24. 

The judgement has been delivered by Justice Abhay Sreeniwas Oka and Justice Hemant Chandangoudar on 08-01-2020.

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