Can't Get Into Rivalry Between NBDA & NBF, Want Self Regulatory Mechanism For TV News Channels Tightened : Supreme Court
The Supreme Court on Monday (September 18) orally said that it does not want to get caught up in the rivalry between rival news media organisations and that it was only concerned with giving the self-regulatory mechanism for TV channels "some teeth".This response of the Court came when the News Broadcasters Federation (NBF) questioned the locus standi of the News Broadcasters and...
The Supreme Court on Monday (September 18) orally said that it does not want to get caught up in the rivalry between rival news media organisations and that it was only concerned with giving the self-regulatory mechanism for TV channels "some teeth".
This response of the Court came when the News Broadcasters Federation (NBF) questioned the locus standi of the News Broadcasters and Digital Association (NBDA) in the matter. Senior Advocate Mahesh Jethmalani, appearing for the NBF, said that the NBF is the only organisation which has registered itself as per the Cable TV Amendment Rules 2021 and the IT Rules 2021. He added that the NBDA does not have registration under the 2021 Rules.
"We cannot sort out your ideological differences (NBDA and NBFI) here. We do not want this plea to get lost in the cacophony of rival organisations", Chief Justice of India DY Chandrachud observed.
The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra was hearing a petition filed by the NBDA challenging the critical observations made by the Bombay High Court against the self-regulatory mechanism for media. The High Court's observations came in a judgment passed in January 2021 while deciding a batch of PILs questioning the media trial in the actor Sushant Singh Rajput death case.
In the last hearing, the Supreme Court had expressed its concerns about the ineffectiveness of the self-regulatory mechanism set up by the NBDA and observed that the penalties imposed by the News Broadcasters and Digital Standards Authority (NBDSA) do not have a deterrent effect.
Today, Senior Advocate Arvind Datar, appearing for the NBDA, requested for some more time to come up with fresh guidelines. He said that consultations are being held with former Supreme Court judge Justice AK Sikri (the present Chairperson of NBDSA) and former SC judge Justice RV Raveendran (former NBDSA Chairperson).
When Jethmalani reiterated that NBDA has no locus standi to frame regulations as it was not a registered body, CJI said, "We don't want to get caught in your rivalry...we want to ensure that the self regulatory mechanism is strengthened...".
Jethmalani argued that NBF(which is a respondent in the petition) was also framing self-regulatory mechanism for media. CJI told Jethmalani that it would be open to the NBF also to place its guidelines before the bench. "We will see their(NBDA) regulations and then see yours(NBF) as well," CJI said.
Solicitor General of India Tushar Mehta told the bench that the mechanism under the Cable TV Cable Networks (Amendment) Rule 2021 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 addressed all the concerns of the Court. He said that the 2021 Rules envisaged a three tier mechanism, with the first tier operating at the self-regulation level.
The counsel appearing for the NBDA then informed the bench that the Kerala High Court has passed an interim order in the organisation's favour, protecting it from coercive action for non-compliance with the 2021 Rules, while hearing a petition filed by it challenging the constitutional validity of the same. SG then added that Union has challenged the interim order before the Supreme Court.
The Court ultimately adjourned the matter by four weeks giving time to both the organisations to produce revised self-regulatory mechanism for media.
Case Title: News Broadcasters Association v. Union Of India And Ors. SLP(C) No. 17959-17960/2023