Madras HC allows pre-arrest bail to Dainik Bhaskar editor in fake news case; Directs him to publish corrigendum and tender unconditional apology

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Synopsis

"The Media and Press need to adopt their professional ethics and take care of public interest instead of concentrating on sensational news alone for promoting their own commercial interest," said the court. 

While allowing anticipatory bail to Prasoon Mishra, a News Editor of the Digital Division of the Hindi Newspaper “Dainik Bhaskar”, in a fake news case, the Madras High Court recently ordered him to publish a corrigendum on the first page/homepage of all the publications of Bhaskar contending that a fake news had been published on it and nobody should follow and post the same.

The bench of Justice AD Jagadish Chandira imposed such a condition on Mishra for pre-arrest bail while directing him to tender an unconditional apology to the high court and the people of Tamil Nadu as well.

The matter pertains to a piece of false news that was posted on the Twitter page of "Dainik Bhaskar" in Hindi in March this year that Bihari Laboureres in Tamil Nadu are being punished by the Taliban for speaking Hindi and 12 Labourers were hanged while more than 15 were murdered.

Following the publication of such news, two cases were registered against Dainik Bhaskar. One was filed on the written complaint given by one Senthilmurugan, the Sub Inspector of Police of Tiruppur North Police Station, and the other was registered on the complaint of one Surya Prakash, a member of IT Wing of DMK Party. 

Later the Tirunindravur Police Station case registered under Sections 153(A)(1), 505(1)(b) and 505(2) IPC was transferred to Central Crime Branch, Avadi for investigation.

Pending arrest in both the cases, Mishra approached the high court seeking anticipatory bail.

Counsel appearing for Mishra argued that said news was published on Twitter based on inputs given by a Senior Correspondent namely Vijay Singh Baghel who had been continuously reporting from Tamil Nadu on March 5th, 6th, and 7th. However, when the Director General of Police, Tamil Nadu circulated in the media that the said news was fake, the concerned videos were removed from the web.

The counsel on behalf of Mishra submitted that he had no intention to create panic among the migrants in the State of Tamil Nadu or to promote enmity between different groups.

On the other hand, the government advocate submitted that the issue at hand was very serious as the news editor of a leading magazine, without verifying the veracity of the news, had uploaded the contents which were likely to create panic.

He asserted that the situation was very tense throughout the country and relying on the report of Mishra, several other YouTubers had also raised alarm and created panic in the minds of viewers throughout the country and elsewhere.

While stating that media carries huge power and responsibility as public repose their trust and confidence in it, the single judge bench expressed pain that Mishra had published the concerned news without verifying or exercising due diligence.

"This Court strongly deprecates the act of the petitioner in publishing such a sensitive news, without verifying the correctness of the same," stressed the court. 

However, taking into consideration the unconditional apology tendered by Mishra, court ruled in his favour. 

Case Title: Prasoon Mishra v. State and Others