Similar issues arose In the Delhi Riots cases wherein the issue had arisen that the police had given a note to the Media for reportage and the court had given a direction to take back what was reported to the media, Tandon for Times Now says.
Tandon refers to Sahara India Real Estate Vs. SEBI.
[Link to judgment for perusal: https://indiankanoon.org/doc/158887669 ]
In Sahara case, the argument which is noted is that 19(1)(a) curtailed by 19(2). The principle which was enunciated was that there can be a pre-publication injunction if there is an exceptional circumstance and there is clear danger, Times Now Counsel tells Bombay High Court
Cable TV Networks Act nothing but Alter Ego of Press Council, Tandon for Times Now says.
ASCI has been giving a statutory recognition and the NBSA has also written to the Centre for getting statutory recognition, Tandon adds.
The self-regulation as a mechanism has been accepted statutorily under the rules framed under the act and the system has been continuing since 1985.
Similar to NBSA, there is IBF which looks after the non-news channels, Tandon says.
ASCI came to be recognised by the Central Government in the Cable TV Networks Act in Rule 7(9), Tandon for Times Now tells Bombay HC while building his skeletal arguments.
Constitutional safeguards & statutory mechanisms present.
Tandon is taking the bench through the acts and laws which came into effect.
"In 1997, TRAI Act enacted. A separate authority enacted which was separate."
Tandon for Times Now : I will be going over Safeguards available and the mechanism available.
Powers in case of contempt for pre-publication and in case of defamation.
Advocate Kunal Tandon now appears for Times Now
.My endeavour would be to give a background.
3 issues arise in this matter.