Delhi High Court Dismisses PIL Seeking Bar On Media For Reporting Mass Scale Deaths, Broadcasting Negative News In Wake Of Second Covid Wave

The Delhi High Court on Monday dismissed a PIL seeking directions for evolving and enforcing the Code of Ethics/Regulations on the TV News Channels for reporting news articles of "sensitive nature" including reporting of mass scale deaths, sufferings by the people in the wake of second Covid wave and to restrain the broadcasters or TV channels from spreading negativity, sense of insecurity towards life, alarm, injury, harm, suffering, damage, etc. while doing so.

A division bench comprising of Chief Justice DN Patel and Justice Jasmeet Singh dismissed the PIL after observing that informing public about the number of covid deaths is not negative news.

The PIL, filed by Lalit Valecha and moved through Advocates RK Gossain & Sadaf Iliyas Khan, highlights that in wake of the second Covid wave, the news channels and media has continued to air "negative images/visuals/stories in the most irresponsible manner".

"It is a fact that TV news channels are airing news bulletins 24x7and most of the times such news bulletins are repeat telecast. Although the same negative images/visuals/stories are shown in the repeat programs, but it gives an impression as if new/fresh incidents are occurring every now and then. In the present-day scenario, in view of the fact that the people are confined indoors, people do watch the news channel time and again." The plea states.

Stressing that such reports are watched by all and sundry including the children, old, sick & critically sick, infirm persons, the petition further provides thus:

"That balancing the freedom of the press with putting in place checks and balances that seek to instill a sense of responsibility and to prevent abuse of this freedom, without the "chilling effect" that would impair journalistic freedomis a big challenge. It is the duty of media to keep the citizenry informed of the state of governance with adequate and appropriate checks and safeguards, specific to the electronic media that can define the path that would conform to the highest standards of rectitude and guide the media in the discharge of its solemn constitutional duty."

The petition suggests that it is necessary that News channels recognize that they have a special responsibility in the matter of adhering to high standards, obligations and morals of reporting, journalism and airing of the news since they have the most potent influence on the public at large viewers.

Stating that the right to freedom of speech and expression under Art. 19 is not absolute, the petition further reads:

"That TV Channels must ensure that by airing such negative images/visuals/stories, they do not indulge in glorification. The news article should be aired with the objective to incite positivity amongst the citizens and public at large/viewers. It is necessary that adequate precautions are taken while showing any visual instance of pain, fear or suffering, and visuals or details of self-harm of any kind, so that they do not cross boundaries of good taste and decency and cause no harm to the public at large."

The petition states the following prayers:

- Issue a writ, order or direction in the nature of Mandamus, thereby, directing Union of India to frame guidelines in a time bound manner for airing of news articles of sensitive nature such as reporting of mass scale deaths, sufferings by the people, etc. by the broadcasters/TV channels and restraining the broadcasters/TV channels from spreading negativity, sense of insecurity towards life, alarm, injury, harm, suffering, damage, etc.;

- To issue any other appropriate writ, order or direction which this Hon'ble Court deems just and proper, in the facts and circumstances of the present matter.