The Supreme Court Monday said that self-regulation of television channels has proved to be ineffective and the Court will issue guidelines to strengthen regulation of tv channels.
A bench of Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and Manoj Misra said that unless rules are made stringent, there is no compulsion on tv channels to comply with the same.
The CJI questioned that the fine imposed on channels is a ₹1 lakh,which earns many times of this.
It further said that unless stringent rules are made, no TV channel will have any compulsion to comply. CJI asked if the penalty is as less as 1 lakh,why would they follow the rules.
The bench then said that it is proposing to strengthen the framework.
The Court remarked that it will strengthen the framework. It further said that it has seen the uplinking and downlinking guidelines.
Stating that they will tweak the Bombay High Court judgment, they also agreed to strengthen the regulations now.
The Court, therefore, sought suggestions on the present penalty of ₹1 lakh which is imposed on news channels for violation of NBA guidelines.
The bench further said in its order that it has to consider whether steps taken to frame self regulatory mechanism needs to be strengthened with regard to framework.
The Court also directed Senior Counsel Arvind Datar, appearing for the News Broadcasters Association (NBA), to seek suggestions from Justices AK Sikri and RV Raveendran on self-regulation of TV channels.
The bench directed Mr Datar to seek suggestions from Justices Sikri and Raveendran so that it can be submitted before the court. Centre to file the counter to this.
The Court was hearing an appeal filed by NBA against a Bombay High Court verdict that contained adverse observations about the lack of teeth in self-regulation of TV channels.
Datar, who appeared for NBA, said,it was against what Bombay High Court observed. He suggested court to see the downlinking guidelines.
The counsel for NBA added if five adverse orders are passed against a channel then their license will not be renewed.
He added tha the High Court say that the self-regulatory mechanism is not controlled by the statutory body and the Nariman committee especially sought the same thing.
Datar maintained that the TV Channels have to be self-regulated and there cannot and should not be any control.
The Court, however, said that self-regulation should also have deterrent effect.