HC stays ‘blanket ban’ by Karnal Admin. on circulation of News regarding COVID-19 by Media to avoid Fake News (Read Order)

The Punjab and Haryana Government issued a stay order over the ruling of the Karnal administration which imposed a “blanket bar” over the circulation of news on social media. The notice of the administration stated that; News regarding Covid-19 shall be out in public domain only via Government Sources, no other platform should circulate the news in respect to the same.

Case of the Petitioner

The Petitioner in the present case is a News channel namely Samachar Express Broadcasting News Private Ltd. The company pleaded that a blanket ban in order to achieve the objective of prevention of circulation of wrong or fake news and of not misinforming the public is unreasonable and in violation to the Freedom of Speech and Expression granted under the Indian Constitution. Furthermore, the Petitioner contended that the “blanket bar” ruling issued against the Petitioner is restricting them to circulate any sort of news article even if the same does not pertain to the Covid-19. Thus the Petitioner challenged the ruling by stating that the blanket ban fails to pass the test of reasonable classification, as it is the settled proposition of law that the objective sought to be achieved should not be achieved via an order or ruling which is in itself arbitrary or unreasonable. Moreover, the objective cited above is purely the assumption of the Petitioner, as the same is not explicitly mentioned in the ruling.

Reasoning of the Court

Single Bench of Justice Sudip Ahluwalia ordered that the impugned order, as far as it pertains to the Petitioner Samachar Express Broadcasting News Private Ltd, “is modified to the extent that there shall be no bar to the petitioner for using the social media platform for disseminating information concerning any general developments.”

Thereafter, the Bench vividly stated that if any information or news piece is to be circulated out in the public domain the same shall have to necessarily be based from a government portal either State or Central, no other entity shall re circulate or circulate any such information with respect to the pandemic if the source is other than the official portal of the State or Central Government.

Based on the above reasoning of the Court an interim relief was granted to the Petitioner when the Hon’ble Court called into question the rationality behind the absolute ban on the circulation.

Thus notices were issued to the Respondents and matter is listed to be heard on August 14.

Case Details

Before: Punjab & Haryana High Court

Case Title: Samachar Express Broadcasting News Private Ltd & Anr. v. Union of India & Ors.

Quorum:  Hon’ble Mr. Justice Sudip Ahluwalia

Read Order@LatestLaws.com