The existing mechanism governing media self-regulation is ineffective and must be strengthened so that media freedom is not used to the detriment of human dignity, the Supreme Court observed on Friday, making an exception to the content of a television show. Bindas Bol, broadcast by Sudarshan News.
A three-judge bench headed by Judge DY Chandrachud said the court will not get in the way of media outlets discussing dubious NGO funding or national security issues, and is fully aware of the dangers of restrict the freedom of the media after the excesses of the Emergency in 1975. But the right to freedom of expression and freedom of the media cannot be used to the detriment of human dignity, the court added.
The court was responding to the defense presented by Sudarshan News, which claimed that through its program it was only intended to highlight alleged dubious sources of foreign funding received by an organization, the Zakat Foundation, which supports and provides training to applicants. to the civil service.
“We know what happened during Emergency (when the media was censored by the ruling dispensation). Therefore, we must ensure that information flows freely. But we must also ensure that human dignity is protected and that human dignity is balanced with freedom of expression, ”Judge Chandrachud commented.
Experts said a verdict in the case, which has taken on a larger dimension over the course of its hearings and sparked a debate on media freedom, could have greater implications for television journalism at a time when the content of the news has become a divisive topic.
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“It is a strong call to the media to regulate themselves and engage in responsible journalism. The court has exercised the utmost restraint and has expressed its aversion to prior restraint. If the court approves instructions, it could have a significant impact on the television media. Under the prevailing conditions, such guidelines will be momentous for the Indian media. Self-regulation has been found to be insufficient, ”said Supreme Court attorney MF Philip.
On Friday, the Supreme Court told Sudarshan News that targeting an entire community on the basis of dubious funding from one organization is not acceptable, and calls for a stronger self-regulatory mechanism. He ordered the Association of News Broadcasters (NBA) to present concrete suggestions on strengthening the body and its self-regulatory mechanism.
NBA, which is a private association of 26news and current affairs stations, has drawn up a code of conduct for self-regulation of the media. It can carry out an investigation against broadcasters for code violation and can impose a fine of up to Rs 1 lakh.
The court, however, took a grim view of the NBA’s workings, calling it “toothless.”
“The NBA says they have a committee headed by a retired Supreme Court justice. They can impose a maximum fine of 1 lakh rupees. This shows how toothless you are, ”Judge Chandrachud said, stressing that the fine will have no impact on a news channel.
He also noted that the NBA’s jurisdiction extends only to those broadcasters that are its members.
NBA representative Nisha Bhambani said it was not a toothless organization, and several news outlets apologized and published a retraction after the NBA’s intervention.
“Various Supreme Court and Superior Court rulings have praised our regulations,” he said.
“Do you watch TV? Can you control it?” Judge Chandrachud asked.
Bhambani responded that the situation has improved significantly, but admitted that many news channels were not members of the NBA, which meant that he could not exercise jurisdiction over those channels.
Sudarshan News, who is not a member , In his program Bindas Bol had made complaints about the entry of Muslim candidates into the public administration. In the trailer for the show, which was widely shared on social media platforms, Sudarshan News anchor and editor-in-chief Suresh Chavhanke was seen questioning how there has been a sudden increase in the number of Muslims succeeding in the IAS and IPS exams. .
Chavhanke went on to ask what the consequences would be if “Jamia’s jihadists [university]”He would occupy positions of authority and power such as Collector and Secretary.
An attorney, defender Firoz Iqbal Khan, approached the high court which, on September 15, banned the controversial show from broadcasting after he voiced disapproval of the show’s first four episodes.
Lead counsel Shyam Divan, representing Sudarshan News, said the program raised serious concerns regarding terrorist organizations that fund the Zakat Foundation. He pointed to a recent media report on the surveillance of Indian leaders by a Chinese company, arguing that the media has to expose such stories in the national interest.
The court, which also consisted of judges Indu Malhotra and KM Joseph, said that national security is of the utmost importance, but made an exception to the way the controversial show depicted THE Muslim community, particularly by showing representative images. stereotyped.
The bank repeatedly referred to the image that was part of the program that showed flames of fire alongside a person in a green T-shirt and cap, describing some of the images as “hurtful.”
The court asked Sudarshan News to submit an affidavit detailing the changes it proposed to make to the program to convince the court to lift the court order imposed on September 15.
The case will be known on September 21.
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