On January 13, while hearing a batch of petitions filed in relation to hate speech incidents, the Supreme Court division bench led by Justices KM Joseph and BV Nagarathna expressed several concerns about the way TV channels operate.
"Everything is driven by TRP. Channels are competing against each other. They sensationalise something. You create divisions in society because of the visual element. The visual medium can influence you much more than a newspaper....Our audience, are they mature enough to see this content?", Justice Joseph, the presiding judge, orally said.
"If the anchors of TV program are themselves part of the problem then what can be done?.NBSA should not be biased. How many times have you taken off anchors?", Justice Joseph enquired of the counsel for the News Broadcasters and Digital Association.
"In a live program, the key to the fairness of the program is held by the anchor. If the anchor is not fair...the anchor would want to project some side, would mute other side, won't question one side...It's an indisputable insignia of bias. Media people must learn… they have to see that they’re occupying position of great strength and what they’re saying impacts whole country. They should realise that they have no right to speak their minds whichever way they want,” Justice Joseph elaborated. The judge believes that violating anchors should be "taken off the air," and that large fines should be imposed on channels that violate the programme code."You hit them monetarily where it matters"
Justice Joseph also slammed the way TV stations used words against the man accused of peeing on an Air India flight. "Nobody should be denigrated. Everyone has the right to dignity", he said.
A bench was hearing a slew of petitions calling for action to be taken against hate speech. The broad category cases included petitions filed against Sudarshan News TV's 'UPSC Jihad' campaign, petitions filed against the 'Corona Jihad' campaign in the aftermath of the Tablighi Jamaat issue, petitions filed against Dharam Sansad meetings where anti-Muslim statements were allegedly made, and petitions seeking broad guidelines to curb hate speech.
Additional Solicitor General of India KM Nataraj told the bench that in the present legal scenario, the practise of self-regulation is being followed as far as media is concerned. The ASG also said that unless something serious happens which affects national interest or security of the country, the Centre won't step in.
The bench also recorded in the order that the Union of India is pondering over steps to be taken to deal with the issues highlighted in the petitions, including a legislative measure.
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