Delhi High Court Upholds Compensation Order for Breach of Child Victim's Privacy
The Division Bench of the Delhi High Court, comprising Justice C Hari Shankar and Justice Om Prakash Shukla, on Wednesday upheld the order of a single judge that directed TV Today Network Limited to pay Rs 5 lakh as compensation to a minor who was the victim of a sexual offence. The Bench dismissed the appeal filed by the broadcaster against the award, holding that the channel had violated the victim’s right to privacy and confidentiality by telecasting particulars that were capable of revealing her identity.
The single‑judge order, which formed the basis of the appeal, had awarded damages after finding that the broadcast of the news segment disclosed information that could lead to the identification of the child survivor. The judge noted that such disclosure contravened the statutory mandate of confidentiality imposed on persons dealing with cases under the Protection of Children from Sexual Offences Act, 2012 (POCSO). Section 23 of POCSO expressly prohibits the disclosure of the identity of a child victim in any form of media, and the judge observed that the impugned telecast fell squarely within the ambit of this prohibition.
In affirming the order, the Division Bench emphasized that the right to privacy, recognised as an integral facet of the right to life under Article 21 of the Constitution, extends to child victims of sexual abuse. The Bench referred to the principle that the State and private entities alike are under a duty to safeguard the confidentiality of such victims, and any breach attracts liability for compensation. The judges observed that the broadcaster’s act of airing details capable of revealing the victim’s identity not only violated statutory provisions but also caused mental anguish and social stigma, thereby justifying an award of monetary redress.
The Bench further noted that the compensation amount of Rs 5 lakh was not arbitrary but was calibrated to reflect the gravity offfset the injury suffered, to provide a measure of solace to the victim and her family, and to serve as a deterrent to other media entities that might be tempted to sensationalise such cases at the cost of the victim’s dignity. The judges stressed that the award was intended to vindicate the victim’s rights rather than to punish the broadcaster per se, and that the amount was proportionate to the harm established on the record.
TV Today Network Limited had contended that the broadcast was in the public interest and that the details aired were already in the public domain. The Division Bench rejected this contention, holding that the public interest defence cannot override the explicit statutory bar on disclosure of a child victim’s identity under POCSO. The Bench observed that even if certain facts were already known, the specific combination of details presented in the telecast created a realistic risk of identification, which the law seeks to prevent.
The ruling underscores the judiciary’s commitment to enforcing the protective framework for child victims of sexual abuse. By upholding the compensation order, the Delhi High Court has reinforced the obligation of media houses to exercise extreme caution when reporting on cases involving minors, ensuring that the right to privacy and the statutory guarantees of confidentiality are not compromised in the pursuit of news coverage.
The decision adds to the growing body of jurisprudence that treats violations of a child victim’s privacy as actionable wrongs, entitling the affected party to monetary relief. It also signals to broadcasters and other intermediaries that non‑compliance with confidentiality obligations under POCSO and related provisions will attract financial liability, thereby encouraging stricter internal compliance mechanisms and pre‑broadcast scrutiny.