SC cites SSR case, says 'fine against TV channels must be proportionate to profits made from show'

The Chief Justice queried would a fine of Rs 1 lakh on a channel be really effective. He told a counsel, "Your fine must be of proportion to profits you make from that show. We don't want to impose a pre-censorship or post-censorship on media…but the self-regulatory mechanism has to be effective”. -- Reports ETV Bharat's Sumit Saxena.

New Delhi: The Supreme Court Monday said it does not want to impose a pre-censorship or post-censorship on media and the self-regulation of television channels has to be effective, while pointing out that during the Sushant Singh Rajput case, the media went berserk, and suggested that penalties against TV channels must be proportionate to profits.

A bench headed by Chief Justice of India D Y Chandrachud indicated that it will strengthen the regulation of TV channels. The bench, also comprising justices J B Pardiwala and Manoj Misra, observed that unless rules are made stringent, there is no compulsion on tv channels to comply with the same.

The Chief Justice queried would a fine of Rs 1 lakh on a channel be really effective. He told a counsel, "Your fine must be of proportion to profits you make from that show. We don't want to impose a pre-censorship or post-censorship on media…but the self-regulatory mechanism has to be effective”.

In the context of a media frenzy in the Sushant Singh Rajput case, the bench said that everybody went berserk and some TV channels virtually pre-empt the criminal investigation in such cases and the self-regulatory mechanism has to be effective. The bench proposed to strengthen the framework and added that it has seen the up-linking and downlinking guidelines.

The bench said it will tweak the Bombay High Court judgment and it will also strengthen the regulations now while seeking suggestions on the current penalty of Rs 1 lakh which is imposed on news channels for violation of NBDA (formerly News Broadcasters Association) guidelines.

The bench also asked senior advocate Arvind Datar, representing News Broadcasters Association, to seek suggestions from former apex court judges’ justices AK Sikri and RV Raveendran on self-regulation of TV channels. The top court was hearing an appeal by the News Broadcasters Association challenging a Bombay High Court judgment, which had made adverse observations about the lack of teeth in the self-regulation of TV channels.

During the hearing, Datar had argued that if adverse orders are passed against a channel, then their license will not be renewed. The Chief Justice said the self-regulatory mechanism has to be effective and it agrees that government interference should not be there.

Solicitor General Tushar Mehta, representing the Centre, said there is three-tier system and there are other associations representing other channels too and the government will place them on record as well in this matter. After hearing detailed submissions, the top court issued notice on News Broadcasters Association plea.