Constitute a Broadcast Regulatory Authority of India To Regulate Uncontrolled Electronic Media: Plea in SC
By. S.A.Anjum Sadiq
A PIL has been file in Supreme Court seeking constitution of an independent authority, the Broadcast Authority of India, so as to regulate media channels and felicitate development of broadcasting services in India; as electronic media does not come under the ambit of Press Council of India.
The petition drawn by Advocate Reepak Kansal and filed through Advocate on Record, Harisha SR, seeks to protect the right to life with dignity as guaranteed under the Constitution of India and which is stated to have been assassinated by uncontrolled and unregulated broadcasting by electronic channels.
The petition states and urge for greater regulation of such media. “The question of the Legal control over electronic broadcasting sources i.e. like radio, television and internet protocol television is a topic to be pondered over in recent times in India, especially when there is circulation of fake news, bad journalism or hate speeches in the name of journalism and which also became a plate-form to assassinate the dignity of an individual or religious and political organizations. The live debates and reporting on the electronic broadcasting channels cannot be stopped until unless it would be regulated by statutory body.”
Pointing towards Editor-in Chief of republic News, Arnab Goswami, Kansal’s Petition notes that the news anchor uses defamatory and provoking language against the community, panellists, their religion in the name of Journalism during his TV debates.
It is stated that “Some of these said electronic broadcasting channels claimed to be news channels / press, have been spreading negativity & enmity among the different communities of the nation. The hate speeches by the Anchors with the same faces of panelist have been using bad words/ abusive language. Some of these broadcasting electronic channels have been targeting one community and instigating one community towards another community. Due to said illegal activities in the name of journalism by these self-regulated broadcasting channels, India’s ranking fell from 138 to 140 out of 180 countries in RSF’s 2019 World Press Freedom Index
The petitioner also takes note of baseless allegations of communal nature made by Goswami against Congress leader Sonia Gandhi. He goes on to refer to the attack on Goswami which Goswami alleged was triggered by his comments against Sonia Gandhi.
Recently the said Anchor, who claimed himself to be the victim of attack, used inappropriate words against leader of one political party. Intead of giving statement to IO and participating in the investigation, the said Anchor used the said electronic broadcasting channel for attacking on one poilitcal party, its presidentSmt Sonia Gandhi and her family members”. The petition states.
The plea seeks the indulgence of the Supreme Court so that the directions could be issued to restrict media channels from conducting a media Trial or a parallel trial or airing judgemental views and interfering in the administration of Justice.
The Plea is based upon the contention that all airwaves are public property and it is necessary to “regulate the use of such airwaves in the national and public interest, particularly with a view to ensure proper dissemination of content and in the widest possible manner”.
The petition further states that the uncontrolled and unregulated electronic broadcasting channels have been “attacking the foundation of unity and integrity of India and working against its ‘Sovereignty, Socialism, Secularism and Democracy.”
The petition is represented by Advocate Harisha SR, wishes to curb the evil of media trail, parallel trial, judgemental views and interference with the administration of justice.
The plea is likely to be listed on August, 7,2020.
Read the Petition