Make changes in Contempt of Courts Act or scrap it: experts

“What is the point in preventing press from giving information that is already available?”

Even as the debate over the limitations of the media in covering judicial proceedings is continuing, a section of legal professionals favoured amendments to the “Contempt of Courts Act” or its scrapping altogether.

Media counsel for Bloomberg News Charles Glasser said contempt of court did not make sense any more when so much of information was available on the Internet. “What is the point in preventing the press from giving information that is already available? You cannot silence the press anymore.”

He was speaking at a session on “Trial by Media: Issues and Challenges” organised as part of the 17th Commonwealth Law Conference here on Monday. According to Mr. Glasser, the judiciary had the skill and necessary knowledge to solve the problems arising out of the media trial.

Initiating proceedings under contempt of court was, in fact, resulting in wastage of time. Efforts should instead be made to introduce openness in judicial proceedings that would ensure heightened public trust in the law and the judiciary.

The former Chairman of the Law Commission, M. Jagannadha Rao, said the media was stepping in the moment a crime occurred, but it should be conscious of the limitations in reporting the events. The Supreme Court had already laid down the boundary between free speech and the rights of the accused.

The Law Commission had suggested certain amendments to the Contempt of Courts Act, 1971 as well as sections pertaining to prior restraint. “There is no reaction yet from the government.”

Senior advocate of the Supreme Court R. Venkataramani called for enacting a “right to justice” legislation enabling minimum access to services to the poor and vulnerable sections.

It should be modelled in such a way that people secured shelter, minimum access to heath and food and other amenities.

The legislation should be guided by principles of civil liberties and other aspects and it should be accompanied by a policymaking body with enforcement capacity.

He expressed concern that newer institutions were handling government work while decisions were being influenced by international developments.