SC for strengthening self-regulation for news channels; fine in tandem with profit

Chief Justice of India DY Chandrachud Monday asked if a fine of Rs 1 lakh for a news channel is really effective and suggested that the fine must be in proportion to the profits the channels make from that show.

“We don't want to impose a pre-censorship or post-censorship on media. But the self-regulatory mechanism has to be effective,” CJI remarked while hearing the plea challenging the Bombay HC order which held that the News Broadcasters and Digital Association has no sanctity in the statutory framework.

The bench comprising CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra was hearing a plea 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 judgement passed in January 2021 while deciding a batch of PILs questioning the media trial in the actor Sushant Singh Rajput death case.

Senior Advocate Arvind Datar, appearing for NBDA, argued that NBDA was recognised and the apex court approved the Nariman committee report which said that there should be no control of the state, it should be self-regulatory.

“There are two aspects. This is a self-regulatory mechanism. We can impose up to 1 lakh. But fortunately, they are responsible channels,” Datar said.

To this, CJI expressed his dismay and said, “Mr. Datar, you say that barring a few channels, all media channels exercise self-restraint. I don't know if you can take a headcount of people in this court who would agree with this. All this happened because of the frenzy of the actor. Everyone went berserk.”

Noting that the self-regulatory mechanism is to be made effective, CJI asked if a fine of Rs 1 lakh for a news channel is really effective.

“Your fine must be of proportion to profits you make from that show. We don't want to impose a pre-censorship or post-censorship on media. But the self-regulatory mechanism has to be effective. You virtually preempt the criminal investigation in such cases,” CJI suggested.

“You have reputed judges of SC – Justice Verma, Justice Sikri – but their remit is limited by your guidelines,” CJI said.

CJI issued the notice and directed Sr. Advocate Datar to submit suggestions to strengthen the self-regulatory mechanism.

“This shall include but not limit to the extent of penalties imposed for violations. The quantum of penalty was set at Rs 1 lakh in 2008 and has not been increased since then,” CJI said in his order.

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