Disclosing Parent’s Details Indirectly Reveals Child’s Identity, Violates POCSO Act: SC

Disclosing Parent’s Details Indirectly Reveals Child’s Identity, Violates POCSO Act: SC

The Supreme Court has put a hold on criminal proceedings against a Kerala-based YouTube channel, ‘True TV,’ which had aired an investigative report exposing an alleged conspiracy by a father to falsely implicate his wife in a sexual abuse case.

While acknowledging the channel’s role in uncovering the manipulation, the Court emphasized that media platforms must adhere to the Protection of Children from Sexual Offences (POCSO) Act, which strictly prohibits revealing a child's identity in such cases.

The controversy arose when ‘True TV,’ operated by Suraj Palakkaran, broadcast a report detailing how a minor was allegedly coerced into making false allegations against his mother. Although the channel primarily showcased the father’s photograph, this led to the indirect identification of the child and his locality.

Following the report, the Kerala High Court ordered a fresh probe into the matter.

However, instead of targeting the father, the Thiruvananthapuram Cyber Police registered an FIR against the channel under Section 23 of the POCSO Act, alleging that the broadcast violated child identity protection norms.

Challenging the FIR in the Supreme Court, Palakkaran argued that ‘True TV’ had neither disclosed the minor’s name nor any direct identifying details, asserting that the channel’s intent was to highlight the injustice faced by the mother and advocate for a fair investigation. He further contended that the police action against the channel was an attempt to curb journalistic freedom and suppress crucial social issues.

Granting a stay on the proceedings, the Supreme Court noted, “The channel’s investigative efforts were instrumental in bringing a serious issue to light. However, media entities must strictly comply with statutory provisions ensuring the anonymity of child victims.”

The Bench observed that even if the minor’s name was not explicitly mentioned, publishing the father’s photograph could facilitate identification, thereby violating Section 23(2) of the POCSO Act.

While pausing the legal action against ‘True TV,’ the Court reinforced the importance of maintaining confidentiality in cases involving minors and stressed that media organizations must exercise caution to avoid unintended breaches of the law.

 

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