[LIVE UPDATES] SC Hearing On Plea Against Sudarshan TV's 'UPSC Jihad' Show

Justice Joseph: There are 4.85 million viewers and you are not a cable operator. Common Cause will not apply to you. So, you cannot come under Section 16. 

Divan: My license can be cancelled !

Justice Joseph: But, can you be convicted under Section 16 of the Cable TV Act of 1995 ? This decision of Justice Khehar cannot solve the problems of this act. You cannot be punished because that will be violative of Art. 21.

Justice Joseph to Divan: You said that there shouldn’t be prior restraint, and we should wait till the end of the series. What are the consequences that will await you if you violate the Code. Can you be convicted under Section 16 ?

SG Mehta: All I’m saying that this is under consideration. I will file an affidavit on this issue.

Justice Chandrachud: You will tell us how they will engage with the private bodies, but also with the government. 

Justice Chandrachud: All your Joint Secretary said was that “please ensure that it’s in conformity with the programme code”. That’s it. Nobody saw anything after it was broadcasted. NBA said that Sudarshan TV was not a member.

Mehta: I am only saying that this issue is already being considered on a wider-based.

Justice Chandrachud: If there was already a self-regulation framework, we wouldn’t have stepped in at the first place.

Justice Chandrachud: See the obvious deficiency of the self-regulatory body when it itself is saying that all channels are not its members. I understand the reluctance of the government to expand this controversy.

Mehta: The petition which was pending is broad-based and pertains to many TV channels.

Justice Chandrachud: How can you have self regulation if NBA is the only body you have ?

SG Mehta submits that this issue is already pending before the Court in the Markaz issue where one community has alleged that one community is being vilified as to having spread Covid-19. 

Justice Chandrachud: NBA says that they have a committee headed by Justice Sikri. They can impose a maximum fine of 1 lac fine and this shows how toothless you are. But NBA is only for members, so Sudarshan News not being a member is not governed by NBA.