Journalist Sanjay Sharma has approached the Supreme Court challenging the blocking of his YouTube news channel ‘4PM’, calling the action “arbitrary & unconstitutional” and questioning the legality of the IT Blocking Rules.
New Delhi: Journalist Sanjay Sharma has moved the Supreme Court of India, asking for the urgent restoration of his YouTube news channel named ‘4PM’.
He said that the government has blocked his channel without giving him any proper reason or notice. He also challenged the rules under which the blocking was done, saying they are not fair or legal.
Sanjay Sharma is the editor-in-chief of the popular Hindi news channel ‘4PM’. In his petition, he told the Supreme Court that his channel was suddenly blocked under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, also known as the IT Blocking Rules. He said this was done without giving him a chance to respond or explain his side.
He asserted YouTube’s decision to block his channel, is “arbitrary and unconstitutional.”
The government, on the other hand, told the court that the channel was blocked because of serious concerns related to national security and public order.
The government’s counsel said,
“It is a matter concerning the sovereignty and integrity of India, security of the State and public order.”
But Sanjay Sharma argued that the government is misusing the law to silence media voices. He said that the IT Blocking Rules are being used in an arbitrary way, and they are not giving fair chances to people before taking such serious action like blocking a news channel.
His petition said that these rules are against the right to free speech and expression under Article 19(1)(a) of the Constitution.
The right to free speech and expression under Article 19(1)(a) of the Constitution of India gives every citizen the fundamental right to express their opinions freely through speech, writing, printing, pictures, or any other mode. This includes the freedom of the press and media, allowing journalists and citizens to publish news, share views, and report without fear of censorship or unjust restrictions.
However, this right is not absolute. Under Article 19(2), the government can impose “reasonable restrictions” on this freedom in the interest of:
- the sovereignty and integrity of India,
- the security of the State,
- friendly relations with foreign States,
- public order,
- decency or morality,
- contempt of court,
- defamation, or
- incitement to an offence.
In Sanjay Sharma’s case, he is claiming that his right under Article 19(1)(a) has been violated by the sudden and complete blocking of his YouTube channel ‘4PM’ without prior notice or hearing, while the government is defending the action under the “public order” and “security of the State” grounds under Article 19(2).
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