The Indian Supreme Court has expressed concerns about the ineffectiveness of the self-regulatory mechanism established by the News Broadcasters and Digital Association (NBDA), specifically the News Broadcasting and Digital Standards Authority (NBSA). 

While recognizing NBDA's stance against government censorship of news channels, Chief Justice of India DY Chandrachud emphasized the need for a more effective self-regulatory system. The court questioned the adequacy of the current penalties imposed by NBSA and suggested proportional fines based on the profits earned from airing disputed news.

The bench, including CJI Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, heard a plea by NBDA challenging critical remarks made by the Bombay High Court about the media's self-regulation in the context of the Sushant Singh Rajput case. The senior advocate Arvind Datar, representing NBDA, argued that the self-regulatory mechanism holds importance in addressing grievances and maintaining responsible journalism. He cited the Nariman Committee report, endorsed by the Supreme Court, advocating for a self-regulatory approach in media regulation.

Datar emphasized that the self-regulatory body functions similarly to an alternate dispute resolution mechanism, enabling citizens to raise objections against objectionable media content. He highlighted that the body has resolved over 4000 complaints, often resulting in public apologies and monetary penalties for violating media channels. 

However, CJI Chandrachud raised concerns about the mechanism's efficacy, especially when media coverage hampers investigations or damages an individual's reputation.

CJI Chandrachud questioned the impact of the current Rs 1 lakh fine on media channels, suggesting that fines should be proportional to profits. He stressed the importance of an effective self-regulatory mechanism while avoiding government intervention. 

The court urged the need to strengthen the self-regulatory system, directing the submission of a counter affidavit within three weeks and considering revisions to the penalty structure, which has remained unchanged since 2008. The Court also directed Advocate Amit Pai to seek suggestions from Justice Sikri and Justice Raveendran to strengthen the system. 

The case is titled "News Broadcasters Association v. Union Of India And Ors Diary No. 10801-2021."