Court lays down the law on sting: Can’t entrap

Inducing a person to commit an offence, "which he is not known or likely to commit", and shoot it on camera as a "sting operation" is henceforth banned for TV channels, the Delhi High Court ruled today in an attempt to define what it called "decent" investigative journalism.

In a controversial observation it also proposed that the government examine a suggestion that a panel — with members drawn from the government and the police — clear stings before broadcast.

The court also sent a cautionary note to TV channels and mediahouses to "prohibit" its reporters from producing or airing any programme which is based on "entrapment" of an individual or which is "fabricated, intrusive and sensitive".

"The media is not to test individuals by putting them through what one might call the 'inducement test' and portray it as a scoop that has uncovered a hidden or concealed truth," a Division Bench comprising Chief Justice M K Sharma and Justice Sanjeev Khanna said.

"No doubt the media is well within its rightful domain when it seeks to use tools of investigative journalism to bring us face to face with the ugly underbelly of the society..." the bench said. "However, it is not permissible for the media to entice and try to actively induce an individual into committing an offence which otherwise he is not known and likely to commit." In this context, the court referred to an instance of "inducement" drawn from mythology: "Sage Vishwamitra succumbed to the enchantment of Maneka".

The bench was giving its ruling on the suo motu cognisance of a fake sting done on a government teacher, Uma Khurana, by Live India news channel in August 2007, which led to mob violence and physical violence against her.

The court has urged the Press Council of India to take the initiative to draw up a "self-regulatory code of conduct" in this regard until the Ministry of Broadcasting finally draws up a statute. "False and fabricated sting operations directly infringing upon a person's right to privacy should not recur because of desire to earn more and to have higher TRP ratings," the court observed.

... contd.

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