On Tuesday, the Apex Court asked the Centre to provide information on the existing legal regime to deal with complaints about the content on television channels & said that the Govt should consider setting up a regulatory mechanism to do this if one doesn’t already exist. It also expressed displeasure with an affidavit filed by the Centre highlighting the various advisories issued time to time to curb fake news.
“What is shown by the television channels has a great consequence in this country...We want to know what legal regime exists to deal with such complaints (of fake news) & how these complaints have been dealt with in the past,” a 3-Judge bench headed by CJI SA Bobde said, giving 3 weeks’ time to the Centre to file a fresh affidavit in this regard.
The Court was hearing a PIL filed by Jamiat Ulama-i-Hind & other parties, who objected to the reporting by certain television news channels & news portals on the Tablighi Jamaat event in March. After the religious gathering, the Nizamuddin markaz — where it was held — emerged as one of the early hot spots of the COVID-19 in Delhi.
On Oct 8, when the Court last heard the Public Interest Litigation, the bench asked the Centre to file a response on steps taken to ensure fake news is not circulated through online & electronic media platforms. The Govt, through the Ministry of Information & Broadcasting, filed an affidavit on Nov 13 & cited its advisories.
The bench, also comprising Justice AS Bopanna & Justice V Ramasubramanian, found the affidavit unsatisfactory. “In your affidavit there is not a whisper about what action you have taken under the Cable Television Networks (Regulation) Act. Further, there is no mention about any authority entrusted to go into these complaints (of fake news). We are disappointed with this reply,” the bench told Solicitor General Tushar Mehta.
This was the second affidavit the Govt filed in response to the PIL. An earlier affidavit by the Central Govt on Aug 6 was also found to be short of details when it comes to action taken against erring websites & news channels for fake news. “Freedom of speech is one of the most abused freedoms of recent times,” the Court observed on Oct 8.
Mehta, who appeared for the Centre, informed the bench on Tuesday that the Nov 13 affidavit is sufficient & answers all queries by the Court. However, he agreed to supplement it with the fresh information sought by the bench. Mehta said that the Centre has the power to prohibit content on television channels, which are found to be violative of a programme code.
For this, there is a committee, which has members from outside the Information & Broadcasting Ministry who watch the content & give their opinion, Mehta said.
The bench observed that “There has to be a mechanism provided by you. Today, there is a situation that we have to ask a private body – News Broadcasting Standards Authority — to examine the issue. If you are not willing to examine, we will ask the outside agency; then don’t complain".
Lawyer Ejaz Maqbool, appearing for the Jamiat Ulama i-Hind, agreed to file a response to the Centre’s affidavit. The Court posted the matter for hearing after 3 weeks.
The plea filed by Jamiat sought directions from the Court “to stop the dissemination of fake news & take strict action against sections of the media spreading bigotry & communal hatred in relation to the coverage of Nizamuddin markaz event”. The latest affidavit of the Centre said that media outlets at large – both print & online — have responsibly covered the event.
The Centre accused the petitioner of picking out some news reports to seek pre-telecast ban on airing of content. “The petitioner has selectively picked up a few articles / reports appearing in some of the web portals & private fact check portals to create an impression that the media had communalized the issue of Tablighi Jamaat & to create a false narative about the role of media,” the Nov 13 affidavit said.
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