Self-Regulation To Be Effective On Television Channels, Says Supreme Court

Self-regulation of television channels should be effective said the Supreme Court on Monday. In its hearing on the plea to challenge the Bombay High Court, a panel headed by Chief Justice of India DY Chandrachud made these remarks.

 The News Broadcasters Association (NBA) lodged an appeal before the Bombay High Court against a decision which contains negative comments regarding the voluntary regulation of television channels.

According to Bar and Bench, CJI Chandrachud questioned the petitioners, "You say TV channels practice self restraint. I don't know how many in court would agree with you. Everybody went berserk whether it was a murder etc. You preempt the investigation. What is the fine you impose? ₹1 lakh! How much does a channel earn in one day. Unless you make the rules stringent no TV channel has no compulsion to comply. For any violation if there is a lakh penalty then what stops them?"

The court then continued to speak about strengthening the framework of the regulation recommended by the Bombay High Court, reportedly said, "We will strengthen the framework. We have seen the uplinking and downlinking guidelines. We will tweak the Bombay High Court judgment. But we will strengthen the regulations now."

Further, the court asked the NBA's legal representatives to put forward suggestions on strengthening the mechanism of self-regulation.

It pointed out that since then, no increase had been made to the fine established in 2008. According to the court, the amount of the fine should be proportionate to the number of profiles obtained by the channel from the programme. CJI Chandrachud reportedly said, "So from last 15 years you kept the same. The fine should be in proportion with the profiles earned by the channel from that show. The self regulatory mechanism has to be effective. You virtually pre empt the criminal investigation. We agree that government interference should not be there."

The Court continued to say, "Let counter affidavit be filed in three weeks. The suggestions to be placed before the court will be also on the aspect of penalty. The penalty of ₹1 lakh was fixed in 2008 and has not been changed since then."

The apex court then issued notice on the petition and the respondents were asked to file an affidavit and they pronounced, "The self-regulatory mechanism has to be effective."  The court further stated that it would be issuing guidance on the matter.

Reportedly, the NBA has been asked to seek suggestions from retired judges Justices Sikri and Justice Raveendran.