'We Are Concerned About Broadcasts Which Incite Violence' : Supreme Court Seeks Clarity From Centre On Powers Under Cable TV Act

"We aren't concerned so much with what people are saying, people say anything these days.We are concerned with situations that may create violence and lead to loss of property and life", a Bench led by CJI SA Bobde said while hearing a batch of petitions seeking action against news reports which communalised the Tablighi Jamaat event.

The Petitioners in this case had alleged that certain sections of the media used "Communal headlines" and "bigoted statements" to demonise and blame the entire Muslim community of deliberately spreading the corona virus across the country, in the backdrop of the Tablighi Jamat event in New Delhi.

The CJI today asked the Central Government about its powers under the Cable TV Network Regulation Act and Program Code to prevent broadcast of inciteful content and avert any law and order situation.

"We are concerned about broadcasts which incite violence", remarked the CJI.

It may be noted that the Government has powers under Sections 19 and 20 of the Cable TV Act to regulate or prohibit the transmission or re-transmission of any channel or programme for public order.

The bench also opined that there is an ambiguity in Section 19 (Power to prohibit transmission of certain programmes in public interest) of the Cable TV Act inasmuch as it is not clear if it will include "broadcaster" or only a cable TV network.

The bench observed that the amendment adding the definition of 'broadcaster' in the Cable TV Act does not reflect in the penal provisions of Section 19 and 20.

The Solicitor General replied that he will look into the issue of ambiguity and will file an affidavit.

The Court has granted three weeks' time to the Respondents to filed their affidavits in the matter.

Background

The Supreme Court had earlier expressed inclination to make solid, long-term measures about news items and had asked the Central Government about the action taken against errant media outlets, under the Cable TV Network (Regulation) Act, 1995.

In November 2020, CJI Bobde expressed strong displeasure over the counter-affidavit filed by the Ministry of Information and Broadcasting.

"We are not satisfied with your affidavit. We had asked you to tell us what have you done under the Cable TV Act? There is no whisper about that in the affidavit. We must tell you that we are disappointed with the Union's affidavit in these matters.

… Why should we refer to NBSA etc when you have the authority to look into it. If it does not exist, then you create an authority, else we will hand it over to an outside agency?" the CJI had remarked.