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Malayalam actress assault: Legal rights do not end if the victim is famous

  • Various media platforms initially revealed the victim's name, as it was a kidnapping case
  • Later, Kerala police confirmed that a rape case had been filed.  
  • Several media organisations still continue to name the victim, which is illegal in rape case
victims have legal protections

 

What began as a reported incident of molestation, before escalating to a rape complaint, has rocked Kerala and it also pulled the attention of the national media. 

 

The minute the news broke, every digital media outlet covered it extensively - even before the police could take measures or confirm the legality of the situation. The incident, which happened on the night of 17 February, made headlines on 18 February as a case of kidnapping and molestation. Media houses quoted (or rather misquoted) various unknown sources and made the name of the victim public. 

 

People expressed their outrage through angry social media posts and tweets. Celebrities from the film industry also showed their support to the victim publicly - through their social media accounts. 

 

However, right up to that time, there was no official statement from the victim or law enforcement agencies to confirm, deny or further corroborate the facts.  

 

Later on the same day, a case of rape was filed over the incident - giving the coverage a crucial twist. The Indian Penal Code prohibits revealing the name of rape victims. 

 

Section 228 A of the IPC read, "Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under section 376 (rape), Section 376A (rape leading to death or making victim go into a permanent vegetative state), section 376B (sexual intercourse by husband upon his wife during separation) , section 376C (sexual intercourse by person in authority) or section 376D (gang rape) is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.”

 

Digital media platforms acted fast and took corrective measures to remove the name and photos from most of the previously published articles. Some, like Kairali TV, even issued formal apologies - 

 

 

"It was an unpardonable error in handling the report. Making comments that would affect the victim is not our policy. We tender our unreserved apology for the error. - Web Desk, Kairali People. (Translated from Malayalam)"

 

But, by then, it became an open secret as everyone knew who the victim was. Worse, even after the day and despite the police requesting the media to restrain themselves, many in the print media wrote the victim’s photo and name anyway. 

 

‘Trending’ is now a buzz word that is a driving force in news reporting. Without waiting for any confirmation or trying to get reliable information, news outlets serve stories that hold little relevance after a certain point of time. 

 

Most of the media quote 'sources'. However, nobody seems to know who these sources are and whether such sources are reliable or not. 

 

The current incident involves a familiar name, and therefore it became an instant case of 'trending news'. This particular instance involves a crime against a woman, and the victim deserves all the protection the law gives her - and perhaps more. 

 

Many media outlets, including those in print, are still revealing her identity, and it is a trending topic on social media. 

 

Had it been some other not-so-popular woman, would her identity be revealed so casually? 

 

Isn’t the law equal for all? Or Is the victim being made to pay the price for being popular?  

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