Farmers Movement Archive

SC to Central govt: Consider ban on offensive TV channels

NEW DELHI: The Supreme Court on Thursday asked the Centre to consider amending the Cable Television Networks (Regulation) Act to stop TV channels from airing offensive programmes instigating people or targeting a community, and said such a curb would be akin to shutting down of internet in certain areas of Delhi that faced the brunt of rampaging farmers on Republic Day. When tractor rallies by farmers, protesting against farm laws, deviated from pre-agreed routes, entered Delhi and some miscreants hoisted a religious flag atop Red Fort, the authorities had suspended internet in certain localities to stop spread of rumours, fearing it could conflagrate an already volatile situation. Hearing a petition filed by Jamiat Ulama-i-Hind seeking regulation of TV channels to stop circulation of fake news that targeted the Muslim community in the aftermath of the Tablighi Jamaat event at Nizamuddin, a bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian said, "You (the government) stopped internet on Republic Day because of farmers' visit. Why can't similar steps be taken to stop TV channels from airing programmes that instigate people or target a particular community? Why are you blind about it and doing nothing about it?" Solicitor general Tushar Mehta said the government was alive to the situation but was not in favour of putting in place any pre-censorship mechanism against TV channels given the importance of right to free speech. "It is impossible to censor offensive content broadcast during a live telecast on a TV channel," he said. However, he said the government was not blind to the situation and pointed out that there was a programme code in place, violation of which attracted penalty and even suspension of broadcast for a certain period. Referring to the impossibility of censoring offensive views expressed during a live telecast, the CJI-led bench said, "We are not interested in stopping people from saying anything they like. We are not concerned about them. We are against channels instigating people or targeting any community through their programmes. Because this leads to violence and loss of lives as well as damage to properties." The bench said taking preventive measures against truant TV channels airing offensive programmes was akin to preventive measures like erecting barricades or resorting to preventive detentions for maintenance of law and order. "Government's power to control a particular type of news, capable of instigating the public or targeting a particular community, is important," the bench said. It pointed out the ambiguity of Sections 19 and 20 of the Cable TV Networks (Regulation) Act, 1995, which empowered the government to stop cable TV operators from circulating their feeds in certain areas if the authorities felt that doing so was necessary in the interest of sovereignty and integrity of India, security of the country, friendly relations with countries and/or public order, decency and morality, which were in sync with the reasonable restrictions provided under Article 19(2) that allows the government to restrict free speech. The SC gave the SG three weeks to take instructions on amending the existing laws for stopping telecast of offensive programmes by TV channels. Appearing for the petitioner, senior advocate Sanjay Hegde told the bench that the independent self-regulatory mechanism for TV channels imposed Rs 1 lakh fine on truant satellite channels whereas an Indian channel was fined 20,000 pounds in the UK for allegedly using derogatory language against Pakistan during a TV discussion on India's space programme. The SG agreed that Rs 1 lakh fine was a pittance in today's time and age.

The Times of India

2021-01-28

Delhi