Supreme Court Emphasizes Strengthening TV Channels’ Self-Regulation Amidst Media Body Rivalries
The Supreme Court, on Monday, September 18, emphasized its focus on strengthening the self-regulatory mechanism for TV channels, stating it does not wish to be entangled in the rivalry between competing news media organizations. The Court’s remarks came in response to the News Broadcasters Federation (NBF) questioning the c of the News Broadcasters and Digital Association (NBDA).
Senior Advocate Mahesh Jethmalani, representing the NBF, highlighted that the NBF is the sole organization registered as per the IT Rules 2021, while the NBDA lacks such registration. Responding to this, Chief Justice of India DY Chandrachud observed,
“We cannot sort out your ideological differences (NBDA and NBF) here. We do not want this plea to get lost in the cacophony of rival organizations.”
The bench, which also included Justice JB Pardiwala and Justice Manoj Misra, was addressing a petition by the NBDA that challenged the Bombay High Court’s critical observations on the self-regulatory mechanism for media. These observations were made in a January 2021 judgment related to the media trial in the Sushant Singh Rajput death case.
In a previous hearing, the Supreme Court had voiced concerns about the NBDA’s self-regulatory mechanism’s effectiveness, noting that the penalties by the News Broadcasters and Digital Standards Authority (NBDSA) lacked a deterrent impact.
Senior Advocate Arvind Datar, on behalf of the NBDA, sought additional time to introduce new guidelines, mentioning ongoing consultations with former Supreme Court judges Justice AK Sikri (current NBDSA Chairperson) and Justice RV Raveendran (former NBDSA Chairperson).
When Jethmalani reiterated the NBDA’s lack of “locus standi” due to its unregistered status, CJI Chandrachud responded,
“We don’t want to get caught in your rivalry…we want to ensure that the self-regulatory mechanism is strengthened…” Jethmalani further pointed out that the NBF was also developing a self-regulatory framework for media, to which the CJI replied, “We will see their (NBDA) regulations and then see yours (NBF) as well.”
Solicitor General of India, Tushar Mehta, informed the bench that the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 already addressed the Court’s concerns, introducing a three-tier mechanism with the first tier focusing on self-regulation.
The NBDA’s counsel then brought to the bench’s attention an interim order from the Kerala High Court in favor of the NBDA, safeguarding it from coercive action for non-compliance with the Rules. The Union has since challenged this interim order in the Supreme Court.
Concluding the hearing, the Court adjourned the matter by four weeks, granting both organizations time to present their revised self-regulatory mechanisms for media.
Case Title: News Broadcasters Association v. Union Of India And Ors. SLP(C) No. 17959-17960/2023.
