The Delhi High Court has ruled that private media organisations can be subjected to writ proceedings when their actions infringe fundamental rights, holding that news broadcasters perform a public function while disseminating information. The decision came as the Court upheld an earlier order directing TV Today Network to pay ₹5 lakh in compensation for violating the privacy of a child survivor of sexual assault.
A Division Bench comprising Justices C. Hari Shankar and Om Prakash Shukla dismissed the broadcaster’s appeal against a 2013 single-judge verdict, affirming that the writ petition filed against the media company was legally maintainable.
The Bench observed that although the broadcaster is a private entity, its role in informing the public carries corresponding constitutional responsibilities.
“The appellant is discharging a public function, which includes the duty to ensure that such function is exercised without violating the fundamental rights of those involved,” the Court held.
Broadcast Revealed Details Linked to Minor Survivor
The dispute traces back to a 2005 case in which a minor girl lodged a police complaint accusing her father of sexual assault.
According to court records, the victim’s mother declined requests from the broadcaster to interview either herself or her daughter. Despite this refusal, the channel aired a report that included the father’s name, professional designation, workplace, visuals of the family’s residential colony and home, as well as the mother’s voice—details that the Court found capable of exposing the child’s identity.
The victim’s mother approached the High Court the same year. In 2013, a single judge concluded that the telecast had breached the child’s right to privacy and awarded ₹5 lakh in damages. That decision was subsequently challenged by TV Today Network.
Court Rejects Objection to Writ Jurisdiction
One of the broadcaster’s principal arguments was that, as a private company, it could not be proceeded against under the High Court’s writ jurisdiction.
The Division Bench rejected that contention, explaining that the media serves an important public role and is answerable through writ proceedings where allegations involve failure to discharge public duties or violations of constitutional rights.
The judges emphasised that freedom of the press does not shield media organisations from accountability when reporting crosses the boundaries of individual rights.
Prior Disclosure Does Not Erase Privacy Rights
The broadcaster also argued that the victim’s mother had herself revealed her daughter’s identity during an interview with another television channel, making its own broadcast inconsequential.
The Court found no merit in this submission, stating that a person’s decision to disclose private information on one occasion cannot be treated as blanket permission for others to do the same.
Observing that privacy remains under the individual’s control, the Bench remarked that the extent to which someone chooses to reveal personal information is entirely their own decision. Referring to a popular Hindi film dialogue, the Court underscored the principle by noting that “No means no.”
Court Criticises Pursuit of Ratings
The Bench was particularly critical of the broadcaster’s editorial judgment, observing that the desire to increase television ratings appeared to have overshadowed the rights and dignity of a vulnerable child survivor.
It described the case as one where the broadcaster seemingly ignored the legal and constitutional protections available to a child alleging sexual abuse by her own father.
While the Court noted that the appeal could have justified the imposition of additional reparative costs, it chose not to award any further amount.
However, it directed TV Today Network to pay the outstanding compensation of ₹5 lakh to the victim or her mother within four weeks. The Court further ordered that any delay beyond the stipulated period would attract interest at the rate of 12% per annum until the payment is made.
