Supreme Court Seeks Response from Central Government in a Plea to Frame Guidelines for Regulation of Media Business

The Supreme Court on Monday sought a response from the central government in a plea filed by Nilesh Navlakha and Nitin Memane seeking clarity to bring the media business under the strong regulatory framework. The petitioners also seek to establish a media tribunal for the hearing and disposal of complaints against the media houses and other stakeholders in the media business.

The petition seeks answers to the following questions while asking for balance between the right to freedom of speech and expression of the Media-Businesses and the competing right to information of the citizenry under Article 19(1)(a), right to reputation and the right to dignity under Article 21,

• Whether the news broadcasters/electronic media enjoy unfettered freedom, of a much higher degree than those enjoyed by the citizens of the country and whether such freedom can only be subject to self-regulation?
• Whether misinformation/fake news, hate speech, propaganda, paid news, communal, indecent, aggressive, derogatory, sensational, scandalous and disproportionate reporting, incitement, etc. are covered under the right to freedom of press, emanating from Article 19(1)(a)?
• Whether regulation of the news broadcasters/electronic media would amount to curtailing the freedom of press or media, if the same is done within the parameters specified in Article 19(2)?
• Whether Article 21 of the Constitution envisages the Right of the Citizens to Free, Fair and Proportionate Media Reporting?

The petitioners further argued that the Ministry of Information and Broadcasting has failed in the discharge of its duties and enforcement of the Program code. They also pointed out to the flaw in the self-governing model for oversight of media business stating that self-regulation is against the principle of rule of law enshrined under the constitution.

Highlighting the importance of making the media houses accountable for the wrong reporting practices they have indulged in, the petitioners also pointed out that the media business is used by politicians, police officers and other public officials to advance their propaganda.